LTI AAPPL Website Terms and Conditions
Welcome to the Language Testing International (“LTI”) AAPPL website, owned and operated by LTI for use with its ACTFL Assessment of Performance toward Proficiency in Languages testing program (“AAPPL Testing Program”). These Terms and Conditions form the agreement (“Agreement”) between you (”You”), the educational institution customer, for the purpose of creating and/or changing your account for ordering the AAPPL and receiving invoices for those products. This Agreement includes any use you make of the AAPPL website. PLEASE READ THESE TERMS CAREFULLY AS YOUR USE OF THE AAPPL TESTING PROGRAM AND ITS ASSOCIATED AAPPL WEBSITE CONSITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME.
All AAPPL products and this AAPPL website are covered by these Terms and Conditions (“Rules”). These Rules are subject to change at any time. Unless otherwise stated, the current Rules in effect at the time you set up or make changes to your account. You also agree that LTI may contact the designated Account Administrator(s) at any time about your account, including questions about your use of the AAPPL Testing Program. However, LTI will not disclose your account information to any third party.
(1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AAPPL Website. If you do not agree to these terms and conditions, you may not be allowed to create or change your AAPPL account information. Use of the LTI AAPPL website signifies your agreement to the terms and conditions of use set forth below.
(2) Modification of Agreement. LTI reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on
www.languagetesting.com. Use of this AAPPL website after such notice will be considered your agreement to be bound by any such changes. Please check back frequently for AAPPL Testing Program updates or changes to the Rules.
(3) Copyright Protection and Use of Company Information. The AAPPL Testing Program and all AAPL tests are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. The AAPPL Testing Program also is protected by US trade secret laws. Company and/or AAPPL product names, logos and trademarks may not be used by you in any manner without the prior written consent of LTI. You should assume, unless specifically noted, that everything you see on the AAPPL website, and any files or programming related to the website and the AAPPL Testing Program, are protected by such rights owned exclusively by LTI. You may not recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes, any of the contents of the AAPPL Testing Program or this website without the express written permission of LTI, obtained in advance of such use. Permission requests should be sent to:
permissons@languagetesting.com.
(4) Account Information Notification. You shall be responsible for advising LTI of any change of name, email, telephone number or postal address of your institution and any Account Administrator designated by you, following creation of an AAPPL account.
(5) Use of the AAPPL Website. Your access to and use of the AAPPL website is entirely at your own risk. Under no circumstances, including but not limited to negligence, shall LTI, its officers directors, owners, employees, agents, and any other party involved in creating, producing, or delivering the website and any content on the website be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of or related to your access to, use of, inability to access or use the AAPPL website for any reason (e.g., failure of performance or operation, any interruption of service, computer virus), any unauthorized use or access to your account, or any damages to your equipment, programs, files or other property, even if LTI has been advised of the possibility of such damages.
(6) Indemnification for Violation of Agreement. You hereby agree to indemnify, defend and hold LTI, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.
(7) Choice of Law. Construction of this Agreement is governed by the laws of the State of New York. The laws and regulations of the State of New York shall apply to all uses of the AAPPL Testing Program and the data found or contained on the AAPPL website. Your use of the Program and the website means you must conform to all such laws and regulations.