PLEASE READ THIS USER AGREEMENT CAREFULLY. This User Agreement (the “Agreement”) is a binding legal contract between you (“you,” “your,” or “User”) and Assessed Intelligence (“Assessed Intelligence,” “we,” “us,” or “our”), and governs your access to and use of the education portal located at learn.assessedintelligence.com (the “Learning Portal”), including all courses, course materials, assessments, certificates, learner accounts, communications, downloadable resources, AI-assisted features, and related services made available through the Learning Portal (collectively, the “Services”).

By creating an account, enrolling in a course, accessing course content, or otherwise using the Learning Portal, you acknowledge that you have read, understood, and agree to be bound by this Agreement and by the Assessed Intelligence Terms and Conditions available at https://assessedintelligence.com/terms-and-conditions/ (the “Master Terms”), which are incorporated into this Agreement by reference. If you do not agree to this Agreement or the Master Terms, do not access or use the Learning Portal.

1. Relationship to the Master Terms

1.1  Incorporation by reference. The Master Terms govern your general use of the Assessed Intelligence websites, products, and services. This Agreement supplements the Master Terms with provisions specific to the Learning Portal and to your status as an enrolled learner. The Master Terms apply in full to your use of the Learning Portal, except as expressly modified or supplemented herein.

1.2  Order of precedence. In the event of a direct conflict between this Agreement and the Master Terms with respect to the Learning Portal, this Agreement controls solely as to the conflicting provision and only with respect to your use of the Learning Portal. All non-conflicting provisions of the Master Terms remain in full force and effect.

1.3  Additional course-level terms. Specific courses, certifications, cohort programs, or enterprise enrollments may be governed by additional written terms (a “Course Addendum,” “Order Form,” or “Enterprise Agreement”). Where such additional terms exist and conflict with this Agreement, the additional terms control as to that course or program.

2. Eligibility and Account Registration

2.1  Age and capacity. The Learning Portal is intended for users who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding agreement under the laws of their jurisdiction. By creating an account, you represent and warrant that you meet these requirements. The Learning Portal is not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen.

2.2  Accurate information. You agree to provide information that is accurate, current, and complete during registration and to maintain and promptly update your account information so that it remains accurate, current, and complete. Providing false, misleading, or impersonating information is grounds for immediate suspension or termination of your account.

2.3  One account per learner. Unless expressly authorized in writing by Assessed Intelligence, each individual is permitted to maintain only one (1) active learner account. Accounts are personal to the individual learner and are non-transferable. You may not allow any other person to access the Learning Portal using your credentials.

2.4  Enterprise and seat-based access. Where your access is provided through an employer, sponsor, or other organization (an “Enterprise Customer”) under a seat-based, cohort, or bulk license, your right to access the Learning Portal is limited to the term, scope, and number of seats authorized by that Enterprise Customer. Your access may be revoked when your employment, contract, or other qualifying relationship with the Enterprise Customer ends, or when the Enterprise Customer reassigns your seat.

2.5  Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at the email address listed in Section 19 if you become aware of any unauthorized use of your account or any other breach of security. Assessed Intelligence is not liable for any loss or damage arising from your failure to safeguard your credentials.

3. Enrollment, Fees, and Refunds

3.1  Enrollment. Enrollment in a course is effective upon (a) successful registration through the Learning Portal, and (b) where applicable, receipt of payment in full. We reserve the right to refuse, cancel, or revoke enrollment at our sole discretion, including where we reasonably believe the enrollment violates this Agreement or applicable law.

3.2  Fees. Course fees, subscription rates, and any applicable taxes are stated on the Learning Portal at the time of enrollment and are payable in U.S. dollars unless otherwise stated. All fees are non-refundable except as expressly provided in Section 3.4 or as required by applicable law.

3.3  Free content. Certain content on the Learning Portal may be made available at no charge. Free content remains subject to this Agreement, and we reserve the right to discontinue, restrict, or convert any free content to paid content at any time without liability to you.

3.4  Right of withdrawal. The fourteen (14) day right of withdrawal set forth in Section 9 of the Master Terms applies to your purchase of paid courses on the Learning Portal, subject to the following: if you have begun consumption of digital course content (including, without limitation, viewing more than ten percent (10%) of any video module, downloading proprietary materials, generating a graded assessment attempt, or claiming a certificate of completion) during the withdrawal period, you expressly acknowledge that performance of the digital service has commenced and that the right of withdrawal may be lost in whole or in proportion to the content consumed, to the maximum extent permitted by applicable law.

3.5  Subscription renewals. Where a course or program is offered on a subscription basis, the subscription will renew automatically at the end of each billing cycle at the then-current rate unless cancelled in accordance with the cancellation procedures stated at the time of purchase. You may cancel a subscription to prevent future renewals; cancellations are effective at the end of the then-current billing period.

3.6  Chargebacks. Initiating a payment dispute or chargeback without first contacting Assessed Intelligence to seek resolution may result in immediate suspension or termination of your account and revocation of any certificates issued.

4. License to Course Content

4.1  Grant of license. Subject to your continued compliance with this Agreement, the scope of your applicable license tier as described in Section 4.2, and timely payment of all applicable fees, Assessed Intelligence grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the courses, videos, written materials, exercises, assessments, downloadable resources, and other content made available to you through the Learning Portal (collectively, the “Course Content”), solely for your own personal, non-commercial educational purposes (or, in the case of seat-based access, for the internal training purposes authorized by your Enterprise Customer).

4.2  Access tiers and license-based entitlements. Your right to access specific Course Content, features, and Services is determined by the license tier under which your account is provisioned (each, a “License Tier”). License Tiers may include, without limitation, the following categories, the precise contents and pricing of which are described on the Learning Portal at the time of enrollment and may be updated from time to time:

• Free / Preview Tier — limited, no-cost access to selected introductory content, previews, or trial modules. This tier may exclude graded assessments, downloadable resources, AI Features, certificates, and instructor support. Free Tier access may be discontinued, rate-limited, or converted to paid access at any time without liability.
• Individual Paid Tier — access to a specific course, course bundle, or learning path purchased by an individual learner for the duration stated at the time of purchase. Access is personal to the named account holder.
• Subscription Tier — time-bounded access to a defined library of Course Content during the active subscription period, governed by Section 3.5. Access to specific titles within the library may be added, removed, or substituted, and continued availability of any individual title is not guaranteed.
• Enterprise / Seat-Based Tier — access provisioned to an individual learner under a license held by an Enterprise Customer. Access is limited to (i) the number of seats, (ii) the catalog of titles, (iii) the term, and (iv) any other parameters set forth in the agreement between Assessed Intelligence and the Enterprise Customer. Access automatically terminates when the Enterprise Customer’s license expires, when the seat is reassigned, or when your qualifying relationship with the Enterprise Customer ends.
• Cohort, Certification, or Program Tier — access to a structured, time-bounded program (such as a live cohort, capstone certification, or instructor-led workshop) governed by additional terms set forth in the applicable Course Addendum or Order Form. Cohort access generally terminates at the conclusion of the program, although on-demand artifacts (such as recordings or post-program archives) may be made available where expressly stated.
• Partner, Affiliate, or Comp Tier — access granted on a complimentary or partner basis pursuant to a separate written arrangement. Such access is at all times conditioned on, and co-extensive with, the underlying partner or affiliate agreement, and terminates automatically when that arrangement ends.

4.2.1  Tier-bounded access. Your license under Section 4.1 extends only to Course Content and features that are within the scope of your current License Tier. Course Content that is locked, gated, marked “preview,” reserved for higher tiers, or otherwise indicated as not included in your tier is excluded from the license, regardless of whether it is technically reachable through the Learning Portal interface. Attempting to access, unlock, or circumvent technical or contractual access controls applicable to Course Content outside your License Tier is a material breach of this Agreement.

4.2.2  Changes to tier composition. We may, in our reasonable discretion, modify the catalog, features, seat allocations, content libraries, AI Feature availability, or other entitlements associated with any License Tier. Where a change materially reduces the entitlements you have already paid for during a paid term, we will, at our option, (a) provide a substantially equivalent alternative, (b) offer a pro-rata credit, or (c) offer a pro-rata refund for the remaining unused portion of the affected term. No refund or credit is owed for changes to Free Tier entitlements.

4.2.3  Verification. We may verify entitlement to a License Tier at any time, including by validating Enterprise Customer rosters, partner status, or eligibility for promotional pricing. Where verification fails, we may suspend access, downgrade your tier, or invoice you for the difference between the tier you accessed and the tier to which you were entitled. Misrepresenting eligibility for any License Tier is a material breach of this Agreement.

4.2.4  Expiration and downgrade. Upon expiration, cancellation, downgrade, or revocation of your License Tier, your access to any Course Content outside the scope of your then-current tier (including any downloaded materials, where technically enforced) immediately ceases. Certificates that have already been earned and not separately revoked under Section 8.4 remain valid as evidence of past completion, but do not entitle you to continued access to the underlying Course Content.

4.2.5  No implied broader license. Nothing in this Section 4.2, in the design of the Learning Portal interface, in any marketing material, or in any conversation with sales or support personnel grants you a license broader than the License Tier expressly purchased or assigned. In the event of a conflict between this Agreement and any sales or marketing statement regarding tier scope, this Agreement controls.

4.3  Reservation of rights. Course Content is owned by Assessed Intelligence or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Sections 4.1 and 4.2, no rights, titles, or interests in or to the Course Content are transferred to you. All rights not expressly granted are reserved by Assessed Intelligence and its licensors.

4.4  ARISE Framework™. The ARISE Framework™ is a registered trademark of Assessed Intelligence. References to ARISE Framework™ within the Course Content are licensed solely for your personal educational study under this Agreement and do not grant you any right to apply, certify, brand, market, or implement the ARISE Framework™ on behalf of any third party. Any commercial use, third-party application, certification, or implementation of ARISE Framework™ requires a separate written license from Assessed Intelligence.

4.5  Prohibited uses. You will not, and will not permit any third party to:

• reproduce, distribute, publicly display, publicly perform, broadcast, transmit, sell, license, lease, rent, sublicense, or otherwise exploit the Course Content, in whole or in part, for any commercial purpose or for any purpose not expressly authorized by this Agreement;
• record, screen-capture, screen-share, mirror, stream, re-host, repost, or otherwise reproduce live or recorded course sessions, except where such recording is expressly enabled by Assessed Intelligence and is retained solely for your personal review;
• remove, obscure, or alter any copyright, trademark, watermark, attribution, or other proprietary notice contained in or on any Course Content;
• reverse engineer, decompile, disassemble, scrape, or attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Learning Portal or any Course Content, except to the extent such restriction is prohibited by applicable law;
• use the Course Content to train, fine-tune, develop, evaluate, benchmark, or improve any artificial intelligence, machine learning, or large language model, or to populate any dataset used for such purposes;
• use the Course Content to develop a competing course, curriculum, certification program, or learning product;
• share login credentials, transmit access tokens, or otherwise enable any person who is not an authorized account holder to access the Course Content; or
• use any automated means (including bots, scrapers, or crawlers) to access, collect, or index the Course Content or the Learning Portal.

4.6  Content protection; theft and unauthorized disclosure. The Course Content represents substantial investment by Assessed Intelligence and constitutes valuable trade secret, copyrighted, and confidential information. Any of the following constitutes a material and incurable breach of this Agreement (each, a “Content Misappropriation Event”):

• reproducing, copying, redistributing, posting, uploading, mirroring, or republishing any Course Content (in whole or in part) on any public or private platform, file-sharing service, repository, social-media channel, course-aggregation site, or other distribution medium;
• disclosing, transmitting, or making Course Content available to any person who is not an authorized account holder under a valid License Tier, whether for consideration or not;
• removing, defeating, or circumventing any technical protection measure (including digital rights management, watermarks, access controls, or session limits) applied to the Course Content;
• downloading, scraping, capturing, or recording Course Content by any means not expressly enabled by Assessed Intelligence; or
• inducing, assisting, or conspiring with any third party to engage in any of the foregoing.

4.7  Consequences of a Content Misappropriation Event. Upon our reasonable, good-faith determination that a Content Misappropriation Event has occurred, we may, immediately and without prior notice or cure period, take any one or more of the following actions:

• suspend or permanently terminate your account and all current and future access to the Learning Portal;
• revoke any Certificate previously issued to you and reflect the revocation in any public verification mechanism;
• refuse re-enrollment in any current or future Assessed Intelligence program;
• notify your employer or sponsoring Enterprise Customer where the conduct relates to seat-based access; and
• pursue any and all remedies available at law or in equity, including injunctive relief, statutory damages under the Copyright Act, and recovery of attorneys’ fees.

4.8  No refund; no recourse. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TERMINATION OF ACCESS UNDER SECTION 4.7 IS A REASONABLE AND PROPORTIONATE RESPONSE TO A CONTENT MISAPPROPRIATION EVENT, AND THAT NO REFUND, CREDIT, COMPENSATION, OR OTHER RECOURSE OF ANY KIND IS OWED TO YOU AS A RESULT OF SUCH TERMINATION, REGARDLESS OF FEES PREVIOUSLY PAID, REMAINING SUBSCRIPTION TIME, OR PROGRESS TOWARD A CERTIFICATE. THIS REMEDY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REMEDY AVAILABLE TO ASSESSED INTELLIGENCE.

4.9  Irreparable harm. You acknowledge that a Content Misappropriation Event may cause irreparable harm to Assessed Intelligence for which monetary damages would be inadequate, and you consent to the entry of injunctive and other equitable relief without the requirement of posting bond, in addition to any other available remedy.

5. Learner Submissions and Contributions

5.1  Definition. The Learning Portal may permit you to submit assignments, complete assessments, post questions or comments in discussion forums, contribute to peer reviews, or otherwise create or upload content (collectively, “Learner Submissions”).

5.2  Ownership. As between you and Assessed Intelligence, you retain ownership of the original copyright in your Learner Submissions, subject to the license granted below.

5.3  License to Assessed Intelligence. You grant Assessed Intelligence a worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and irrevocable license to host, store, reproduce, modify, create derivative works from, publish, display, perform, transmit, and distribute your Learner Submissions for the purposes of (a) operating, providing, and improving the Learning Portal and the Services; (b) grading, evaluating, and providing feedback on your work; (c) facilitating peer review and cohort discussion; (d) maintaining records of completion and certification; and (e) producing aggregated, de-identified analytics regarding learner performance and content effectiveness.

5.4  Representations and warranties. You represent and warrant that (a) you own all rights in your Learner Submissions or have obtained all necessary rights, licenses, consents, and permissions to grant the license in Section 5.3; (b) your Learner Submissions do not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, contractual, or other rights; (c) your Learner Submissions do not contain any unlawful, defamatory, harassing, hateful, threatening, obscene, or otherwise objectionable material; and (d) your Learner Submissions do not contain confidential, classified, or export-controlled information that you are not authorized to disclose.

5.5  Sensitive client and employer data. You will not include in any Learner Submission any actual confidential information, personal data, trade secrets, customer records, or sensitive technical artifacts belonging to your employer, clients, vendors, or any third party. Where examples are required for an exercise, you must use synthetic, anonymized, or otherwise de-identified material. You are solely responsible for ensuring that your participation in the Learning Portal does not breach any duty of confidentiality you owe to a third party.

5.6  No obligation to monitor. Assessed Intelligence has no obligation to monitor Learner Submissions but reserves the right to review, refuse, edit, remove, or disable access to any Learner Submission at our sole discretion, with or without notice.

6. Academic Integrity and Code of Conduct

6.1  Honest work. The integrity of certifications and assessments issued through the Learning Portal depends on the honest work of every learner. By using the Learning Portal, you agree that all assessments, examinations, capstones, and graded submissions will represent your own original work, except where collaboration is expressly permitted by the course instructions.

6.2  Prohibited conduct. The following conduct is strictly prohibited:

• Cheating — using unauthorized materials, persons, devices, or services to complete an assessment; copying answers from another learner; or accessing assessment content outside the permitted timeframe.
• Plagiarism — submitting the words, ideas, code, or work of another person, or of a generative artificial intelligence system, as if it were your own, without proper attribution and where such use is not expressly permitted by the assignment.
• Impersonation — allowing another person to complete any portion of a course, assessment, or certification on your behalf, or completing any portion on behalf of another learner.
• Disclosure — reproducing, summarizing, photographing, or otherwise disclosing the content of any examination, assessment item, or answer key to any third party or to any public forum.
• Disruption — harassing, threatening, demeaning, or otherwise mistreating instructors, staff, or fellow learners; engaging in hate speech; or interfering with the orderly conduct of any cohort, discussion, or live session.
• Tampering — attempting to manipulate progress tracking, completion records, certificate verification, or any technical control of the Learning Portal.

6.3  Consequences. Violations of this Section 6 may result, in our sole discretion, in any one or more of the following: a warning; a failing grade on the affected assessment; revocation of partial or completed credit; revocation of an issued certificate; suspension or permanent termination of your account; reporting to your employer or sponsoring Enterprise Customer where applicable; and any other remedy available at law or in equity. No refund will be issued for accounts terminated for cause under this Section.

7. Confidentiality of Assessment and Course Content

7.1  Integrity of assessments. The credibility of every Certificate and the value of every assessment depend on the secrecy of examination items, scenario-based questions, capstone prompts, answer keys, scoring rubrics, and instructor commentary (collectively, “Assessment Content”). You acknowledge that Assessment Content is confidential information of Assessed Intelligence, has been developed at significant expense, and would be materially diminished in value if disclosed.

7.2  Confidentiality obligation. You agree, both during and indefinitely after your access to the Learning Portal, to:

• hold all Assessment Content in strict confidence and treat it with at least the same degree of care you use to protect your own most sensitive information, and in any event with no less than reasonable care;
• use Assessment Content solely for the purpose of completing the assessment as a learner, and for no other purpose;
• not reproduce, transcribe, photograph, screenshot, screen-record, paraphrase, summarize, dictate, memorize-and-recreate, or otherwise capture Assessment Content by any means;
• not disclose, discuss, post, or otherwise communicate Assessment Content (including the substance, structure, difficulty, sequence, or themes of any item) to any other learner, prospective learner, study group, online forum, social-media platform, exam-preparation service, course-review site, generative AI system, or any other third party; and
• not solicit, request, accept, or rely upon Assessment Content, or any reconstruction or summary thereof, from any other person or source.

7.3  Course Content confidentiality. The confidentiality obligations in Section 7.2 apply, with equal force, to any portion of the Course Content that is marked confidential, restricted, or “for enrolled learners only,” to instructor lectures and live-session content, to peer Learner Submissions, and to any other non-public material made available to you through the Learning Portal.

7.4  Reporting obligation. If you become aware of any actual or suspected unauthorized disclosure of Assessment Content or confidential Course Content (including by another learner), you agree to report it promptly to Assessed Intelligence at the contact address in Section 19. Good-faith reports will not result in adverse action against the reporting learner.

7.5  Consequences of breach. A breach of this Section 7 constitutes both a violation of Section 6 (Academic Integrity) and a Content Misappropriation Event under Section 4.6, and is subject to the consequences set forth in Sections 6.3 and 4.7 through 4.9, including immediate termination without refund or recourse, revocation of any related Certificate, and pursuit of all remedies available at law or in equity.

7.6  Survival. The obligations in this Section 7 survive termination or expiration of this Agreement, of your account, of any License Tier, and of any Certificate.

8. Certificates of Completion

8.1  Issuance. Where a course or program offers a certificate of completion or other digital credential (a “Certificate”), the Certificate will be issued to you upon successful completion of the stated requirements (which may include passing assessments, completing required modules, and satisfying any minimum-time-on-task requirements).

8.2  Nature of the Certificate. A Certificate evidences your successful completion of the stated course of study within the Learning Portal. A Certificate is not (a) an academic degree, license, or governmental credential; (b) an audit, attestation, certification, or accreditation of any organization, system, product, or program; or (c) authorization to apply, brand, or hold yourself out as a certifier or implementer of the ARISE Framework™ or any other Assessed Intelligence methodology, except where you have separately entered into a written certifier or partner agreement with Assessed Intelligence.

8.3  Display and verification. You may display a Certificate truthfully on a résumé, professional profile, or similar context. You may not alter, forge, or misrepresent the content, scope, or recipient of any Certificate. Assessed Intelligence may publish a verification mechanism enabling third parties to verify the authenticity and current status of any issued Certificate; you consent to the publication of your name, the Certificate title, the issuance date, and the verification status for this purpose.

8.4  Revocation. We reserve the right to revoke a Certificate where (a) it was obtained through fraud, misrepresentation, or violation of Section 6 or 7; (b) the underlying enrollment payment is reversed or charged back; or (c) the Certificate was issued in error. Revocation will be reflected in any public verification mechanism.

9. AI-Assisted Features

9.1  Availability. The Learning Portal may make available features powered by artificial intelligence, including chat-based assistants, automated grading aids, content summarization, and adaptive learning recommendations (collectively, “AI Features”).

9.2  No professional advice. AI Features are provided for educational and informational purposes only. Outputs generated by AI Features may be inaccurate, incomplete, biased, or out-of-date, and do not constitute legal, financial, medical, security, audit, or other professional advice. You are solely responsible for evaluating and verifying any AI-generated output before relying on it. Where the subject matter requires professional judgment, you must consult an appropriately qualified professional.

9.3  Inputs. You will not submit to any AI Feature any confidential information, personal data, trade secrets, regulated data, or other sensitive material that you are not authorized to disclose to a third party. Inputs you provide to AI Features may be processed by Assessed Intelligence and by sub-processors used to operate the AI Features, in accordance with the Privacy Statement referenced in Section 12.

9.4  Outputs. As between you and Assessed Intelligence, and subject to the rights of the underlying model providers and applicable law, outputs generated for you by AI Features may be used by you for your personal educational purposes; however, the limitations of Section 4.5 (including the prohibition on using Course Content to train AI systems) continue to apply to any AI-generated content that is derived from or reproduces Course Content.

10. Acceptable Use

In addition to the responsible-use obligations in Section 7 of the Master Terms, you agree that you will not, and will not encourage or permit any third party to:

• use the Learning Portal in any manner that violates any applicable federal, state, local, or international law, regulation, or industry rule;
• upload, transmit, or distribute any virus, worm, malware, or other malicious code through the Learning Portal;
• attempt to gain unauthorized access to any portion of the Learning Portal, any other learner’s account, or any system or network connected to the Learning Portal;
• probe, scan, or test the vulnerability of the Learning Portal, or breach any security or authentication measures, except pursuant to a written authorization from Assessed Intelligence (such as a coordinated vulnerability disclosure process);
• interfere with, disrupt, or place an unreasonable load on the Learning Portal’s infrastructure;
• use the Learning Portal in any manner that could reasonably be expected to bring Assessed Intelligence, the Learning Portal, or any other learner into disrepute; or
• use the Learning Portal in any country or by any person subject to U.S. export controls or trade sanctions in violation of those controls or sanctions.

11. Third-Party Services and Content

The Learning Portal may be operated on, integrated with, or include content provided through third-party platforms, learning management systems, video hosting services, payment processors, identity providers, and other service providers (collectively, “Third-Party Services”). Your use of Third-Party Services is governed by the terms and privacy practices of those third parties, and Assessed Intelligence is not responsible for the availability, accuracy, content, or practices of any Third-Party Service. The inclusion of any link or integration does not imply endorsement.

12. Privacy, Learning Records, and Communications

12.1  Privacy Statement. Your use of the Learning Portal is governed by the Assessed Intelligence Privacy Statement, available at https://assessedintelligence.com/privacy-statement-us/, which describes the categories of information we collect, how we use and share that information, and the rights available to you. By using the Learning Portal, you acknowledge that you have read and understood the Privacy Statement.

12.2  Learning records. To deliver the Services, we will collect and process records of your learning activity, including enrollment dates, course progress, time-on-task, assessment scores, Learner Submissions, and certificate issuance (collectively, “Learning Records”). Where you access the Learning Portal through an Enterprise Customer, we may share your Learning Records with that Enterprise Customer for purposes of administering the program, verifying completion, and reporting against contractual obligations.

12.3  Communications. You consent to receiving electronic communications from us regarding your account, your enrolled courses, schedule changes, certificate issuance, security alerts, and material updates to this Agreement. Marketing communications (such as newsletters and announcements about new courses) will be sent only where permitted by applicable law and may be unsubscribed from at any time using the mechanisms provided in those messages.

13. Accessibility

Assessed Intelligence is committed to making the Learning Portal accessible to learners with disabilities and continues to work toward conformance with applicable accessibility standards (including Web Content Accessibility Guidelines 2.1, Level AA). If you encounter an accessibility barrier that prevents you from accessing any portion of the Learning Portal, please notify us at the contact information in Section 19 with a description of the issue, the affected page or course, and your contact information, and we will work in good faith to resolve the issue or to provide an equivalent alternative.

14. Intellectual Property Complaints (DMCA)

14.1  Notice of claimed infringement. We respect the intellectual property rights of others. If you believe that any material on the Learning Portal infringes a copyright that you own or are authorized to enforce, you may submit a notice of claimed infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, by sending the following information in writing to our designated agent:

• a physical or electronic signature of the rights holder or authorized representative;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information sufficient for us to locate it;
• your contact information (name, address, telephone number, and email);
• a statement that you have a good-faith belief that the use is not authorized; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on behalf of the rights holder.

14.2  Designated agent. DMCA notices may be sent to: Assessed Intelligence, Attn: DMCA Designated Agent, Canton, Ohio, USA, with a copy by email to legal@assessedintelligence.com. Misrepresentations in a DMCA notice may subject the sender to liability under 17 U.S.C. § 512(f).

14.3  Counter-notice. If you believe that material you posted was removed in error, you may submit a counter-notice as provided in 17 U.S.C. § 512(g).

14.4  Repeat infringers. We will, in appropriate circumstances and in our sole discretion, suspend or terminate the accounts of users who are determined to be repeat infringers.

15. Suspension and Termination

15.1  Termination by you. You may terminate your account at any time by following the cancellation procedures within the Learning Portal or by contacting us at the address in Section 19. Termination by you does not entitle you to any refund of fees previously paid except as provided in Section 3.4.

15.2  Termination by us. We may suspend or terminate your account, your access to the Learning Portal, or any course enrollment, at our sole discretion, with or without notice, where we reasonably believe that you have breached this Agreement, the Master Terms, or applicable law, or where suspension or termination is required to protect the Learning Portal, other learners, or third parties. We may also terminate or modify the Learning Portal as a whole, or any course or feature, in accordance with Section 12 of the Master Terms.

15.3  Immediate suspension for security and integrity events. Notwithstanding Section 15.2, we may suspend or terminate your account immediately, without prior notice, opportunity to cure, refund, credit, or other recourse, where we reasonably believe that any one or more of the following has occurred (each, a “Security or Integrity Event”):

• Security breach — unauthorized access (or attempted unauthorized access) to the Learning Portal, to another learner’s account, to administrative or instructor functions, or to any system, network, or data connected to the Learning Portal;
• Credential compromise — sharing, selling, posting, or otherwise distributing your account credentials or session tokens, or use of your credentials by any unauthorized person;
• Circumvention — defeating, attempting to defeat, or assisting any third party in defeating any technical protection measure, access control, License Tier limitation, content lock, watermark, or rate limit;
• Probing — probing, scanning, or testing the security or vulnerability of the Learning Portal except pursuant to a written authorization from Assessed Intelligence;
• Malicious activity — introducing or attempting to introduce viruses, malware, ransomware, or any other malicious code, or conducting denial-of-service or similar disruptive activity against the Learning Portal;
• Content Misappropriation Event — any conduct described in Section 4.6;
• Assessment confidentiality breach — any breach of Section 7 (Confidentiality of Assessment and Course Content); or
• Academic dishonesty — any conduct described in Section 6.2 that we reasonably believe undermines the integrity of an assessment or Certificate.

15.4  No refund or recourse for cause. WHERE YOUR ACCOUNT IS SUSPENDED OR TERMINATED FOR A SECURITY OR INTEGRITY EVENT, A CONTENT MISAPPROPRIATION EVENT, OR ANY OTHER MATERIAL BREACH OF THIS AGREEMENT, YOU ARE NOT ENTITLED TO ANY REFUND, CREDIT, COMPENSATION, RESTORATION OF ACCESS, RECOVERY OF LEARNER SUBMISSIONS, REINSTATEMENT OF ANY CERTIFICATE, OR OTHER RECOURSE OF ANY KIND, REGARDLESS OF FEES PAID OR PROGRESS COMPLETED. THIS REMEDY IS CUMULATIVE WITH, AND NOT IN LIEU OF, ANY OTHER REMEDY AVAILABLE TO ASSESSED INTELLIGENCE AT LAW OR IN EQUITY.

15.5  Investigation and preservation. In connection with any suspected Security or Integrity Event, we may (a) preserve relevant logs, Learner Submissions, and account data; (b) conduct internal investigations; (c) cooperate with law enforcement, regulators, or court process; and (d) notify affected Enterprise Customers and third parties as we reasonably deem appropriate. You agree to cooperate reasonably with any such investigation.

15.6  Effect of termination. Upon termination of your account: (a) your right to access the Learning Portal and the Course Content immediately ceases; (b) any unrevoked Certificates remain valid unless separately revoked under Section 8.4; (c) the licenses granted by you in Section 5.3 survive; and (d) any provisions that by their nature should survive (including Sections 4.2, 4.3, 4.6, 4.7, 4.8, 4.9, 5.3, 6.3, 7, 8.4, 14, 15.4, 15.6, 16, 17, 18, and 20 through 24) will survive.

16. Disclaimers

16.1  No professional advice. The Learning Portal and the Course Content are provided for educational and informational purposes only and do not constitute legal, financial, medical, audit, security, or other professional advice. The Course Content reflects the views of the instructors and authors and is not a substitute for the exercise of independent professional judgment.

16.2  As-is basis. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT, THE LEARNING PORTAL, THE COURSE CONTENT, AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ASSESSED INTELLIGENCE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

16.3  Outcomes. We do not warrant or guarantee any specific learning outcome, employment outcome, certification recognition by any third party, examination pass rate, or career advancement resulting from your use of the Learning Portal.

17. Limitation of Liability

17.1  Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASSESSED INTELLIGENCE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE LEARNING PORTAL, OR THE COURSE CONTENT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF ASSESSED INTELLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2  Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ASSESSED INTELLIGENCE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE LEARNING PORTAL WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO ASSESSED INTELLIGENCE FOR THE LEARNING PORTAL DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.

17.3  Essential basis. The disclaimers and limitations in Sections 16 and 17 are an essential basis of the bargain between you and Assessed Intelligence and apply notwithstanding any failure of essential purpose of any limited remedy.

18. Indemnification

You agree to defend, indemnify, and hold harmless Assessed Intelligence and its affiliates, and their respective officers, directors, employees, agents, and licensors, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your access to or use of the Learning Portal; (b) your Learner Submissions, including any breach of the warranties in Section 5.4 or your obligations in Section 5.5; (c) your violation of this Agreement, the Master Terms, or any applicable law; or (d) your violation of any rights of any third party, including any intellectual property, privacy, or contractual rights. Assessed Intelligence reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense.

19. Notices and Contact

19.1  Notices to you. We may provide notices to you by posting on the Learning Portal, sending an email to the address associated with your account, or any other reasonable means. You are responsible for keeping your contact information current.

19.2  Notices to us. Notices to Assessed Intelligence under this Agreement should be addressed to:

Assessed Intelligence
Attn: Legal — Learning Portal
Canton, Ohio, USA
Email: legal@assessedintelligence.com
General contact form: https://assessedintelligence.com/contact/

20. Changes to this Agreement

We may update this Agreement from time to time. Material changes will be communicated to active learners by email or by an in-portal notice prior to taking effect. The “Effective Date” at the top of this Agreement reflects the date of the most recent revision. Your continued use of the Learning Portal after the Effective Date of any update constitutes your acceptance of the revised Agreement. If you do not agree to a revision, your sole remedy is to discontinue use of the Learning Portal and, where applicable, exercise any available withdrawal or cancellation right.

21. Governing Law and Forum

This Agreement is governed by, and construed in accordance with, the laws of the State of Ohio and the federal laws of the United States applicable therein, without regard to conflict-of-laws principles. The exclusive forum for any dispute arising out of or relating to this Agreement or the Learning Portal will be the state and federal courts located in Stark County, Ohio, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Export Compliance and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or person subject to U.S. export prohibitions or comprehensive trade sanctions, and that you will not access the Learning Portal in violation of any export control or sanctions law. You will not use the Course Content or AI Features to design, develop, or produce nuclear, chemical, or biological weapons or missile-delivery systems, or in any other end use restricted by U.S. law.

23. Miscellaneous

23.1  Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any purported assignment in violation of this Section is void. We may assign this Agreement, in whole or in part, without restriction.

23.2  No waiver. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later.

23.3  Severability. If any provision of this Agreement is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

23.4  No agency. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Assessed Intelligence.

23.5  Headings. Section headings are for convenience only and do not affect interpretation.

23.6  Language. This Agreement is drafted in English. If a translation is provided for convenience, the English version controls.

24. Entire Agreement

This Agreement, together with the Master Terms, the Privacy Statement, the Cookie Policy, and any applicable Course Addendum, Order Form, or Enterprise Agreement, constitutes the entire agreement between you and Assessed Intelligence regarding the Learning Portal and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Assessed Intelligence with respect to the Learning Portal.

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR ACCESSING THE LEARNING PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.