Terms & Privacy

Website Terms of Use   |   Terms of Sales & Subscription   |  Code of Conduct for ATD Events |  Cancellation and Transfer Policies   |  Health & Safety Policy | Photography/Videography | Accessibility and Accommodation Requests  | ATD Resource Center Terms of Service   |   ATD Membership Policies    |   DMCA Takedown Policy    |   Contests

TERMS OF USE

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.

Terms and Conditions

1. License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on Your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Website solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Website shall be as determined by ATD in its sole discretion.
   
2. Restrictions. Notwithstanding the foregoing, 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 Website. Specifically, and by way of illustration and not limitation, You may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of ATD and/or its licensor(s). If you share any articles or published content from the Website, you may only do so through the Website’s designated “share” functionality. Moreover, You may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any ATD server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ATD's systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to ATD on or through the Website, (h) use the Website to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ATD.
   
3. User Obligations. By downloading, accessing, or using the Website in order to view any information and materials, register or enter into a transaction with or through ATD for any reason, or submit information of any kind, You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when You provide information via a Website registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, ATD reserves the right to terminate immediately Your access to and use of the Website and to seek other remedies or damages available under law or equity. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at Your own risk. While ATD has endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ATD is not responsible for the security of any information transmitted to or from the Website. You must make Your own determination as to such issues. If You wish to communicate with ATD through other means, please contact ATD at [email protected] or 703.683.8100.
   
4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to participation, subscription, or a particular program, service, event, or solution. Moreover, if You are using the Website on behalf of an entity, please note that such entity may have a separate agreement with ATD regarding access and usage privileges to the restricted member portal areas of the Website. You agree to abide by such other notices, terms, and conditions or agreement, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Website, ATD shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such participation, subscription, or program, service, event, or solution.
   
5. Links to the Website. ATD permits (plain) hypertext links to the primary landing page for the Website as well as to articles published on the Website. With respect to any such link(s), this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a plain text link to the Website from your member profile page or social media networks. Any links to the Website should not suggest that ATD promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless ATD has provided prior written consent for such promotion, affiliation, or endorsement.
   
6. Member Profiles. ATD makes available through the Website member profiles (the "Profiles"). In addition to any other terms and conditions set forth in this TOU, You acknowledge and agree that the Profiles shall be used only for personal and non-promotional purposes and that any information of the Profiles shall not be further published, displayed, or made accessible. Accordingly, unless ATD has provided its prior written consent, You acknowledge and agree that the contents of the Profiles may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOU. You also acknowledge that a person or entity's Profile represents only that such person or entity is registered with and an active member of the ATD online community. ATD makes no further representations or warranties regarding any such person or entity (or the related information) listed in the Profile, and any information made available through a Profile is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind.
   
7. Privacy Notice. You understand, acknowledge, and agree that the operation of certain areas of the Website may require or involve the submission, use, and dissemination of various personally identifiable information. Please see ATD's Privacy Notice for a summary of ATD's personal identifying information collection and use practices.
   
8. User Name Handling Policy. Registration may be required for access to certain areas of the Website. These restricted areas, pages, or portals may further require both a user name and a password or adherence to other particular access requirements as designated by ATD. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both Your user name and password can gain entry to the restricted portions of the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another User's user name and password. You will immediately notify ATD if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. ATD will not be liable for any loss or damage arising from Your failure to comply with these obligations.

9. 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:

   • anything that interferes with or disrupts the Website or the operation thereof,
   • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
   • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
   • statements or material that violates other contractual or fiduciary rights, duties, or agreements,
   • statements or material that is bigoted, hateful, or racially offensive,
   • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
   • statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
   • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
   • statements or material that harms minors,
   • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ATD,
   • statements or material that misrepresents Your affiliation with any entity and/or ATD,
   • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifying information of another individual,
   • chain letters or pyramid schemes,
   • statements or materials that are deceptive or misleading,
   • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
   • statements or material that are “off-topic” for a designated community, and
   • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.

10. 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.

11. No Pre-Screening of Postings. ATD is not responsible for screening, policing, editing, or monitoring Your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to ATD's right and ability to delete or remove a Posting (or any part thereof), ATD does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, ATD reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that ATD believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to ATD or its affiliates, volunteers, services, or goodwill. If You violate this TOU, ATD may, in its sole discretion, delete the unacceptable content from Your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate Your use of the Website. Moreover, it is a policy of ATD to take appropriate actions under the Digital Millennium Copyright Act (“DCMA”) under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings that violate these rules regarding acceptable behavior or content, You may contact ATD and ATD will take action pursuant to its DMCA Takedown Policy.
    
12. Proprietary Rights. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that ATD transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by ATD (and its successors and assigns) and/or licensors and are 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. Except as expressly provided herein, ATD does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Website and its contents are Copyright ©1998-2017 Association for Talent Development and/or its licensors. All rights reserved. ATD also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. “ATD” and all other names, designs, logos, and icons identifying ATD or ASTD and its programs, events, solutions, or 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, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

13. 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.

14. 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.

15. Third Party Products & Services. ATD, in its sole discretion, may feature and/or post the advertisements or logos of third parties on the Website and/or feature or utilize on the Website materials, programs, products, and services provided by third parties over which ATD has no control. ATD makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Website are solely between You and such third party. Accordingly, ATD expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and You agree that ATD shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
    
16. Links to Other Websites. ATD may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by ATD and are maintained by third parties over which ATD exercises no control. Accordingly, ATD expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
    
17. Mobile Services. The Website may offer certain tools or services that are available to You via Your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with Your mobile carrier to determine if the Mobile Services are available for Your mobile devices, what restrictions, if any, may be applicable to Your use of the Mobile Services, and how much they will cost You. Nevertheless, all use of the Website and its Mobile Services shall be in accordance with this TOU.
    
18. Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, ATD MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. ATD MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ATD ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
    
19. Limitation of Liability. You expressly absolve and release ATD from any claim of harm resulting from a cause beyond ATD's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ATD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF ATD FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ATD IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
    
20. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You agree to the personal jurisdiction by and venue in the state or federal courts in the Commonwealth of Virginia and waive any objection to such jurisdiction or venue. Any claim You might have against ATD must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You access the Website on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Website. In any legal proceeding brought by ATD, ATD shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which ATD may be entitled.
    
21. Enforcing Security on the Website. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ATD reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. ATD will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, ATD reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, ATD, or ATD's business.
    
22. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of ATD proprietary assets, 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 TOU. 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 TOU.
    
23. Term & Termination. This TOU will take effect (or re-take effect) at the moment You check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Website, register, respond through the Website to a request for information, and/or begin downloading, accessing, or using the Website, whichever is earliest. 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 TOU, to deny Your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact Your membership status with ATD. You may also terminate this TOU at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Website in Your possession. The provisions concerning ATD's proprietary rights, feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
    
24. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by ATD of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
    
25. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and ATD as result of this TOU or Your utilization of the Website. This TOU represents the entire agreement between You and ATD with respect to use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and ATD with respect to the Website. You may not assign or transfer any rights under this TOU without the prior written consent of ATD. Please note that ATD reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, ATD may add, modify, or delete any aspect, program, or feature of the Website, but ATD is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
    

Terms of Sale & Subscription

PLEASE READ CAREFULLY THE FOLLOWING.

Digital Downloads

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.

Virtual Content and Recordings

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.

Schedule Changes

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.

Single Use

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: [email protected].

Typographical Product Errors

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.

Product Order Acceptance Policy

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.

Sales Taxes

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.

Product Guarantee

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

ATD is committed to providing a professional, friendly, and welcoming learning environment for all participants at its Education courses, ATD Conferences, and other programming (Event(s)), regardless of gender, sexual orientation, disability, race, ethnicity, religion, national origin, or other protected classes.

We expect all Event participants and partners (virtual or in person) help ensure a positive learning experience for everyone. Unacceptable behavior will not be tolerated during any portion of an ATD Event.

All participants in ATD Events must abide by the following policy.

Expected behavior:

• Be considerate of those with whom you may interact.
• Be collaborative with others.
• Be respectful of others’ viewpoints that may be different from your own.
• Be mindful of your words and actions.
• Adhere to ATD, venue, and other relevant health protocols.

Unacceptable behavior includes, but is not limited to:

• Offensive or unwanted behavior or language including, but not limited to, race, religion, color, national origin, sexual orientation, gender expression or identity, transgender status, age, disability, veteran or marital status, political affiliation, or any other similar categories.
• Visual harassment, such as displaying sexual or offensive images OR inappropriate language at the course, meeting, or event, including in presentations, slide decks, as backgrounds, or on clothing visible to attendees.
• Intimidation or bullying, either online and/or in-person.
• Possession of a weapon or something that could be construed as a weapon during the Event or on video.
• Photographing, or video- or audio-recording of slides, oral, or poster presentations without presenter/author’s permission.
• Possession or mention of illegal substances during the Event, or on video.
• Sharing your Event registration with another person(s).
• Inappropriate disruption of Events.
• Any other illegal activity not already covered above.
• Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning speech or actions.
• Inappropriate use of nudity and/or sexual images.
• Real or implied threat of professional or financial damage or harm.
• Violating the rules and regulations of the online platform on which the Event is held .

Report harassment or disruptive behaviors to ATD at [email protected].

Consequences of misconduct or not following ATD’s expectations of behavior may include immediate removal from the ATD Event (virtual or in person) without warning and/or restrictions from attending future ATD Events.

Health & Safety Policy for ATD Events

ATD is committed to responding appropriately to concerns regarding communicable diseases and health risks as they relate to any in-person ATD Education course, ATD conference, seminar, or other programming presented in a group setting (“Event”). Accordingly, ATD will implement health and safety protocols aligned and in compliance with venue and governmental regulations appropriate to the public health circumstances at the time of the Event. ATD will exercise reasonable efforts to utilize protocols that will comply with applicable public health requirements and be consistent with the then-prevailing public health standards as issued by relevant public health entities. This is also applicable to Events held at the ATD Learning Center in Alexandria, VA – a Global Biorisk Advisory Council (GBAC) Star Accredited Facility.

Compliance with protocols adopted by ATD will be mandatory for in person attendance and participation at Events. Additional information regarding specific health and safety protocols, and any necessary consents by you (the Customer), will be communicated prior to the first day of the Event.

Our Health & Safety Protocols

• Unless otherwise required by the hosting client, venue, or government regulation, you may choose to wear a face covering or mask at any time based on personal preference and needs. Disposable masks will be available in limited quantities onsite.
• Joint efforts from facility and Event staff will be made regularly to clean and sanitize, with extra focus on high-touchpoint areas.
• Hand sanitizer will be available
• When food and drink is served, meal service will be provided in a responsible and effective manner so that you can focus on enjoying your experience
• Plan to arrive symptom free to the Event. If you are unable to attend your event because of illness, contact our Customer Care team for assistance with your registration. Registration modifications will follow the policy for specific Event in place at the time of contacting ATD:

o Call 800-628.2783 (U.S.) or +1.703-683.8100 (international) Monday through Friday, 8 a.m.-5:30 p.m. ET.o Speak with a representative via chat at www.td.org , Monday through Friday, 8 a.m.–5:30 p.m. ET.
o Email [email protected] anytime.

Commitment to Clean
The ATD Learning Center in Alexandria, VA holds the Global Biorisk Advisory Council (GBAC) Star Accreditation for cleaning, disinfection, and infectious disease prevention to minimize risk associated with infectious agents in facilities. ATD conducts events at facilities outside of the ATD Learning Center and we take every step to ensure our facility partners adhere to ATD’s cleaning and infectious disease prevention measures.

Reporting Dangerous Situations or Emergencies
If there is a situation that looks concerning or could be dangerous, notify Event organizers onsite in a prompt manner. In the event of an emergency situation, please contact building security and/or local authorities immediately. Please refer to the Event onsite program or mobile app for additional details.

Client-Hosted Events
In certain cases, an Event will be hosted at an ATD corporate customer’s (Client) facility. In these cases, the Client is required to follow the ATD Health & Safety Protocols, at minimum. Should the Client or ATD wish to implement more stringent protocols for the Event, those requirements will be communicated through the Client’s point of contact at ATD and documented in the Client’s commercial agreement with ATD.

Assumption of Risk
In choosing to attend an Event in person you, the Customer, acknowledge that you are voluntarily engaging with ATD for the in-person programming. You agree that in-person gatherings carry certain risks related to transmission of any infectious disease, that cannot be eliminated regardless of the care taken to avoid such risks. You voluntarily accept and assume all known and unknown risks related to exposure to any infectious disease in connection with ATD’s provision of the Event.

Release and Waiver of Liability
In consideration of the opportunity to participate in an Event provided by ATD and its officers, directors, employees, members, volunteers, representatives, and agents (together, “ATD”), you, the Customer, hereby FOREVER RELEASE, WAIVE, AND HOLD HARMLESS ATD from any and all liability, injury, damage, loss, or expense that may arise, directly or indirectly, now or in the future, regardless of whether caused by fault on the part of ATD, in connection with your participation in an ATD Event.

By participating in an ATD Event, YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS RELATED TO EXPOSURE TO COMMUNICABLE DISEASES. YOU PROMISE NOT TO SUE ATD for any of the claims that you have released, waived, and discharged. You hereby assume all risk of personal injury, damage and expense related to your participation in, and travel to and from, the Event.
You understand this release and waiver is intended to be as broad and inclusive as is permitted by law, and that if any portion of this release and waiver is held invalid, the remainder will continue in full legal force and effect. This release and waiver shall extend to and be binding upon me and my estate, heirs, executors, administrators, and personal representatives.

You understand that your participation in an ATD Event is completely voluntary on your part and permitted at ATD’s discretion, and you agree to abide by all policies and procedures as established by ATD. If your conduct does not meet reasonable standards of behavior, including without limitation following the ATD Health & Safety Policy, ATD’s Code of Conduct, and any supplemental instructions provided by ATD your participation in an Event may be revoked.
You further agree that the maximum liability of ATD to you in connection with your participation in an ATD Event shall be the fees paid by you to ATD for the Event.

By registering and attending the Event, you signify that you have read the ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, understand it and its terms and conditions, and agree to be bound legally by it and its terms and conditions.

Consequences of Violation
Compliance with ATD’s Health & Safety policy, associated protocols in place at the time of the Event, and ATD’s Code of Conduct is mandatory for all in person Event attendees. Additional information regarding specific health and safety protocols will be communicated to participants prior to the first day of the event. Consequences of failure to follow the policy and protocols may include immediate removal from the event without warning and/or restrictions from attending in future in person ATD Events.

BY REGISTERING FOR AN ATD EVENT, YOU AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE. FAILURE TO COMPLY WITH ANY OF THE ABOVE MAY RESULT IN REGISTRATION CANCELLATION WITHOUT REFUND. ATD RESERVES THE RIGHT TO EXPEL ANYONE FROM AN EVENT WHO DOES NOT COMPLY WITH ANY OF THE ABOVE TERMS.

Use of Multimedia

By attending an Event, you acknowledge and agree that ATD, or others acting on its behalf or through third-party contracts, may take photographs and video (by any means) and/or make sound recordings during the Event (including through the digital event platform and via social media) and that you may appear in such photographs and videos and be heard in such sound recordings, and that ATD may edit and use the footage it captures at the in-person and digital Event for marketing and promotional activities (including through social media) now and in the future, and for any other lawful purpose in the ordinary course of its business.

During ATD Events, photography, and videography by individuals for personal use is permitted with the understanding that it may not be disruptive to other attendees, speakers, exhibitors, sponsors, or the overall event. Exceptions may apply for certain programs.
You are prohibited from photographing, video recording, and sound recording of any part of any in-person or digital Event sessions or content (including through recording on social media feeds) unless you have obtained written permission in advance from ATD.

At all times, you (the Customer) must respect the intellectual property, copyrights, or trademarks of exhibitors, speakers, sponsors, and ATD. For digital programming, ATD prohibits the use of screen shots and/ or any other technology that can be used to capture proprietary content and images from the program. ATD reserves the right to stop any activity taking place that violates of these guidelines.
Due to the prevalence of mobile devices today, ATD disclaims all liability for the capture of your image, voice, or likeness by Attendees (who are not under sponsorship contracts with ATD) in any multimedia format at an ATD Event.

Event Accessibility

ATD makes every effort to design and deliver accessible products. Event, venue, and platform specifications are established and determined on a case-by-case basis.

ATD Conference Events
ATD Conference Events are accessible to all participants. If you have questions or require special accommodations or auxiliary aid related to a disability for you to participate in the ATD Conference Event, please notify us at least three weeks in advance of the program by message to [email protected] outlining your needs and request for accommodation. We will make every effort to work with you to accommodate your need.

If you require additional accommodations at an in person ATD Conference Event, please go to the registration area onsite. We may be limited in our ability to accommodate your request based on available resources.

ATD Education Events
If you have questions or require special accommodations in order to participate in an ATD Education Event please notify us at least three weeks in advance of the program by message to [email protected] outlined your needs and request for accommodation.

ATD CI Certification Examinations
ATD Certification Institute (ATD CI) and its testing vendor comply with the provisions of the Americans With Disabilities Act (ADA) and Title VII of the Civil Rights Act in accommodating candidates with disabilities who need special accommodations to take the exam. Candidates that require special accommodations must notify ATD CI of their request as part of their application. Only ATD CI has the authority to approve these requests. If the request is not made at the time of application, the accommodations may not be granted.

• The Request for Special Accommodations should be completed as part of the ATD CI online application. The required form should be downloaded from the certification portal and completed prior to submitting the application. The form must be signed by a licensed or certified professional qualified to diagnose or treat the condition specified in the request. In addition, this professional must provide a Statement of Explanation describing the conditions and the special accommodation(s) needed.
• Both the completed Request for Special Accommodations Form and the Statement of Explanation must be uploaded to the certification portal at least 10 weeks before the selected testing window opens. Once received, the request will be reviewed to determine if reasonable accommodations can be made.

There are no additional fees charged by ATD CI for this accommodation if the procedures outlined in this section are followed. For additional information, please contact ATD CI at [email protected].

ATD Resource Center Terms of Service

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.

Digital Millennium Copyright Act Takedown Policy

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:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that You claim has been infringed;
• A description, in reasonable detail, of where the material that You claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your written notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

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: [email protected]

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:

• To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
• Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability, including, but not limited to, attorney’s fees and costs. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.

Elements of Counter-Notification. To expedite our ability to process Your counter-notification, please use the following format (including section numbers):

1. Identify the specific URLs of material that ATD has removed or to which ATD has disabled access.
2. Provide Your full name, address, telephone number, email address and, if You are a member or customer of ATD, your member or customer number.
3. Provide a statement that You consent to the jurisdiction of the courts of the Commonwealth of Virginia, and that You will accept service of process from the person who provided notification to ATD in accordance with the process outlined above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
5. Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the designated copyright agent listed above.

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.”

Contests

ATD Member Survey 2022

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law and outside the fifty (50) United States (and D.C.). Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on October 5, 2022 at 8:00 a.m. Eastern Time (“ET”) and ends on October 31, 2022 at 5:00 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.

1. Eligibility: The ATD Member Survey 2022 Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are at least eighteen (18) years of age (nineteen (19) years of age in Alabama and Nebraska), who have an active ATD Membership (i.e. “ATD Membership”) as of the start date of the Sweepstakes and who have received an invitation via email to complete the ATD Member Survey 2022. Employees, officers, and directors of ATD (“Sponsor”) or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

2. Sponsor: ASTD DBA Association for Talent Development (“ATD”) at 1640 King Street; Alexandria, VA 22314 (“Sponsor”).

3. How to Enter: During the Sweepstakes Period, ATD members will be invited via the email address associated with their ATD Membership to complete the ATD Member Survey 2022. To enter, during the Sweepstakes Period, click on the link in the email inviting you to participate in a brief survey (the “Survey”) and to enter the Sweepstakes; provide complete answers to all of the Survey questions (which will be determined by the Sponsor, in its sole discretion); provide all required information, including your name, email address, and indicate your interest in entering the Sweepstakes. Upon completion and submission of the Survey and accompanying registration form, you automatically will be entered with one (1) entry into the Sweepstakes. You must provide all required information and you must answer all Survey questions completely to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Limit: LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED.

Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. No copies, facsimiles, or mechanical reproductions of the entry form or Survey will be accepted. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.

4. Selection of Winners: On or after November 1, 2022, Sponsor will select the name of the potential winner of the prize in a random drawing from among all entries received. The odds of winning are based on the number of eligible entries received. The potential winner will be notified by email and/or phone number, using the information provided at the time of entry, on or after November 4, 2022. If a potential winner cannot be contacted in person via email or telephone after the first attempt to contact him/her, or if he/she fails to sign and return the Declaration of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which any remaining prizes will remain un-awarded.

Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.

5. Prizes: Three winners will each receive 1 (one) prize. Each prize will consist of one (1) Apple* Watch. Approximate Retail Value (“ARV”) of each prize: US$399. Total ARV of all three (3) prizes: US$1,197.

PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

6. GENERAL CONDITIONS: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Survey website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, WIDESPREAD ILLNESS, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ANY WEBSITES AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Alexandria, Virginia or the appropriate State Court located in Alexandria, Virginia (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.

10. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at: https://www.td.org/privacy-notice.

11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit https://www.td.org/terms-and-privacy#contests or send a self-addressed, stamped envelope for receipt by December 31, 2022 to: ATD Communications, 1640 King Street, Alexandria, VA, USA 22314. For the name of the winner available after November 4, 2022 send a self-addressed, stamped envelope for receipt by April 30, 2022 to: ATD Communications, 1640 King Street, Alexandria, VA, USA 22314. Vermont residents may exclude return postage on requests for Official Rules.

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