ARELLANO LAW FOUNDATION
The Arelano Law Foundation (ALF) Online Learning Portal is an online learning platform made accessible via the internet to its authorized users.
“Authorized User” (or for brevity, “User”) refers to any person duly enrolled under the Arellano Bar Review Program or the Mandatory Continuing Learning Education Programs organized and operated by the Foundation.
In using the ALF Online Learning Portal, the USER agrees and consents to the following terms and conditions that govern the access and use of the website, the products and services, and the associated computer software and program (collectively referred to as ‘SERVICES’) of the Arellano Law Foundation Online Learning Portal.
1. The USER accepts and acknowledges that the SERVICES are facilitated via the internet. As such, the USER is responsible to ensure that he has the proper hardware and software requirements, along with internet access, to be able to access and use the SERVICES. For purposes of the iChief, the primary mode of use is via desktop or laptop browser.
2. The USER accepts and acknowledges that the ALF shall collect and store data and information, as hereinafter defined, for the access and use of the SERVICES.
3. The USER grants and permits the ALF to collect and store technical data and information received by the ALF in providing its SERVICES. Technical data and information may include, but is not limited, to the user’s Internet Protocol (‘IP’) address, hardware and software details, metadata, and cookies.
5. The USER warrants the authenticity, accuracy, and veracity of the personal data and information provided to the ALF, and hereby affirms that the same are true, correct, and genuine for all legal intents and purposes that such data and information may serve. Consequently, if such data and/or information provided to the ALF are known or found to be inaccurate, misrepresented, or false, the ALF shall not be responsible for any damage, liability, loss, or any other consequence that the USER may incur as a result of these inaccuracies, misrepresentations, or falsities. In addition, under these and similar circumstances, the USER agrees and acknowledges that he is not entitled a refund.
6. The USER allows and permits the ALF to use these collected data and information for the purpose of providing the Services. In turn, the ALF shall not disclose any of the aforementioned data and information received from the USER to any third party except if such disclosure is required pursuant to an existing government regulation, mandated by subpoena or court orders, or necessary for any other purposes as may be provided for by law.
7. The USER accepts and acknowledges that the ALF has placed industry accepted standards in providing security measures for its Services. Nonetheless, the USER acknowledges that the ALF cannot fully ensure the reliability and security of its SERVICES in anticipation of any security and/or data breach of its system. In the event of a security and/or data breach, the ALF shall not be responsible and incur any liability for any unauthorized access or use by any third party of the breached data and information of the USER.
8. The USER accepts and acknowledges that periods of downtime, whether scheduled or not, may occur in the access and use of the SERVICES. The downtime period of the SERVICES may be caused by any or a combination of the following reasons:
a. In cases of unanticipated power outages, system failures, malfunctions or other interruptions outside the control of the ALF;
b. In cases of downtime, announced or otherwise in order to permit the ALF to conduct maintenance or to make modifications in its SERVICES, provided that if unannounced, the downtime shall not exceed a period of 48 hours unless the circumstances so warrant and an announcement to this effect is made;
c. In cases of any security breach, data breach, or any other breach that the ALF, in its discretion, may determine to create risk if there be continued access and use of the SERVICES;
d. In cases that the downtime of the SERVICES be required for legal or regulatory reasons;
e. In case that the SERVICES be thereafter prohibited by law.
The USER accepts and agrees that the ALF shall incur no liability for any damage, liability, loss, or any other consequence that the USER may incur arising from the downtime and also a result of the downtime period of the SERVICES. In all circumstances, ALF aims to keep such downtime period to a minimum and therefore shall not issue refunds to the USER.
9. USER accepts and acknowledges that ALF is the owner of the copyrighted materials, trademarks, and other intellectual properties (collectively, the “PROTECTED MATERIALS”) made available to him relative to the access and use of the SERVICES. As such, the USER accepts and agrees that he cannot, in any manner, post, modify, copy, reproduce, republish, sell, sub-license, upload, broadcast, make available, disseminate, or distribute (collectively, “PROHIBITED ACTS”) the PROTECTED MATERIALS to any third party. Consequently, in the event that the USER commits any of the PROHIBITED ACTS, the USER accepts and agrees that:
a. ALF shall automatically suspend and revoke the access and use of the SERVICES of the USER;
b. ALF shall ban the USER from future access and use of the SERVICES;
c. ALF shall not issue a refund for all payments made by the LEARNER; and most importantly,
d. ALF shall have the right to pursue, in an appropriate forum, all available legal actions, rights, remedies, causes of actions, and claims or defenses, whether civil or criminal in nature, against the USER.
10. ALF reserves the right, at its own discretion, to modify or replace any part of these TERMS. It shall be the sole responsibility of the USER to check if the TERMS have been modified or changed. After the changes to the TERMS have been made, the continued access and use of the SERVICES by the USER shall constitute as his implied acceptance.
Arellano Law Foundation
September 1, 2021