1. Your Acceptance.  By using or visiting this Web site, including all content under the AtomicTraining.com Web site provided by Atomic Learning, Inc. ("Web site"), you agree to all of the following terms ("Terms") and the terms of Atomic Training’s Privacy Notice, which is published at http://www.AtomicTraining.com/privacy.html, and is incorporated herein by reference. If you do not agree to all of these terms, then please do not use the Web site.  Atomic Training is a service provided by, and a mark owned by, Atomic Learning, Inc.

2. Web site.  These Terms apply to all users of the Web site, including administrators of internal network systems who may create accounts for users (“Administrators”), along with individual users who are also contributors of video content, information, and other materials or services on the Web site. Users may only access the Web site during their respective paid subscription terms and only from computers at locations expressly authorized by Atomic Training. The Web site may contain links to third party Web sites that are not owned or controlled by Atomic Training and Atomic Training has no control over, and assumes no responsibility for anything relating to third party Web sites. By using the Web site, you expressly relieve Atomic Training from any and all liability arising from your use of any third-party Web site.

3. Web site Access

A. Atomic Training grants you permission to use the Web site as set forth in these Terms, provided that: (i) your use of the Web site is solely for your professional and noncommercial use; (ii) you will not copy or distribute any part of the Web site in any medium without Atomic Training's prior written authorization; (iii) you will not alter or modify any part of the Web site; and (iv) you will otherwise comply with the terms and conditions of these Terms.

B. In order to access some features of the Web site, you or your Administrator will have to create an account. When creating your account, you must provide accurate and complete information and you must only use your account or the username and password assigned to you by your Administrator. You are solely responsible for the activity that occurs on your account or under your username, and you must keep your account password secure. You must notify Atomic Training immediately of any breach of security or unauthorized use of your account. Although Atomic Training will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Atomic Training or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web site in a manner that sends more request messages to the Atomic Training servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions (as defined below).

4. Intellectual Property Rights.  The content on the Web site, except all User Submissions including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Atomic Training, subject to U.S. and international copyright and other intellectual property rights. Content on the Web site is provided to you “as is” and without any warranties, express or implied, and for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Atomic Training reserves all rights not expressly granted in and to the Web site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.

5. User Submissions

A. The Web site may permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. User Submissions include only the raw files that are uploaded, and do not include any of the technology used for delivery to users which includes but is not limited to the organizational structure, the player, or any of the descriptive metadata. You understand that whether or not such User Submissions are published, Atomic Training does not guarantee any confidentiality with respect to any submissions.

B. You and your Administrator shall be responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you and your Administrator represent and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Atomic Training to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Atomic Training, you hereby grant Atomic Training a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Web site and Atomic Training's (and its successor's and affiliate’s) business, including without limitation for promoting and redistributing part or all of the Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each authorized user of the Web site that is defined within your license to access your User Submissions through the Web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms. The foregoing license granted by you terminates once you remove or delete a User Submission from the Web site. In the event that you cease to renew your subscription and access to Atomic Training, you will only retain the rights to User Submissions in their raw format.

C. In connection with User Submissions, you and your Administrator further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Atomic Training all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Atomic Training or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that may be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Atomic Training does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Atomic Training expressly disclaims any and all liability in connection with User Submissions. Atomic Training does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Atomic Training will endeavor to remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Atomic Training reserves the right to remove Content and User Submissions without prior notice. Atomic Training will also terminate a User's access to its Web site, if they are determined to be a repeat infringer, in Atomic Training’s sole judgment. Atomic Training reserves the sole discretion and right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Atomic Training may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Atomic Training's designated Copyright Agent to receive notifications of claimed infringement is: James Norwood, 15088 22nd Avenue NE, Little Falls, MN 56345: email: jnorwood@atomiclearning.com, fax: (603) 215-0106.  Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Atomic Training customer service through info@atomictraining.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

E. You understand that when using the Web site, you will be exposed to User Submissions from other authorized users of the Web site that are defined within your exclusive license, and that Atomic Training is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Atomic Training with respect thereto, and agree to indemnify and hold Atomic Training, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Atomic Training permits you to link to materials on the Web site for professional, educational, non-commercial purposes only. In addition, Atomic Training provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial Web sites for use in accessing the materials on the Web site, provided that you include a prominent link back to the Web site on the pages containing the Embeddable Player. Atomic Training reserves the right to discontinue any aspect of the Web site at any time.

6. Warranty Disclaimer.  YOU AND YOUR ADMINISTRATOR AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ATOMIC TRAINING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND THE USE THEREOF BY YOU OR YOUR ADMINISTRATOR. ATOMIC TRAINING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. ATOMIC TRAINING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATOMIC TRAINING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR INTENTIONAL ACTS OF ATOMIC TRAINING ITSELF, IN NO EVENT SHALL ATOMIC TRAINING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AND YOUR ADMINISTRATOR SPECIFICALLY ACKNOWLEDGE THAT ATOMIC TRAINING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Web site is controlled and offered by Atomic Training from its facilities in the United States of America. Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity.  You and your Administrator agree to defend, indemnify and hold harmless Atomic Training and its affiliates, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Web site.

9. Ability to Accept Terms.  You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Web site is intended for educational professionals and other adult staff of school districts, and is not intended for access by those under 18 without the guidance of an educational professional.

10. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you or your Administrator, but may be assigned by Atomic Training without restriction.

11. Time Limit on Claims.  You, your Administrator and Atomic Training agree that any cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

12. General.  You and your Administrator agree that: (i) the Web site shall be deemed solely based in Minnesota; and (ii) the Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over Atomic Training, either specific or general, in jurisdictions other than Minnesota. These Terms shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and Atomic Training that arises in whole or in part from the Web site shall be decided exclusively by a court of competent jurisdiction located in Morrison County, Minnesota. These Terms, together with the Privacy Notice at http://AtomicTraining.com/privacy and any other legal notices published by Atomic Training on the Web site, shall constitute the entire agreement between you and Atomic Training concerning the Web site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Atomic Training's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Atomic Training reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Web site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.