Last Update: May 15, 2020
- Your Obligations
- Prohibited Uses
- Third Party Content
- Disclaimer of Warranty, Limitations of Liability, and Class Action Waiver
- Proprietary Rights
- User Communications
- Term and Termination
- Governing Law and Jurisdiction
- Other Terms
- Contact Information
- As a condition of your use of the Site, you understand and agree to all of the following:
- You are an adult who is at least 18 years of age;
- You have the legal capacity to enter into a binding legal obligation;
- All the information you provide to the Site is at all times true, accurate, current, and complete;
- You must treat your username and password or any other piece of information provided as part of our security procedures (collectively, “Security Information”) as confidential. You must not disclose it to any other person or entity. You are solely responsible for maintaining the confidentiality of your Security Information, and you are solely responsible for all uses of your Security Information and for access to your account, whether or not authorized by you; and
- You will notify us immediately of any unauthorized access to or use of your Security Information or any other breach of security.
In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age without the consent of their educational institution or the child’s parent or guardian.
- Use the Site for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
- Sell, resell, rent, or lease the Site, use the Site beyond its intended purposes, reverse engineer the Site, or decode or otherwise attempt to derive or gain access to the software code of the Site or any portion of the Site;
- Use the Site to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights);
- Use the Site in any way that is damaging to the Site or interferes with or disrupts the integrity or performance of the Site;
- Misrepresent your identity, provide false information, impersonate another person or entity, or misrepresent your relationship with a person or entity or attempt to use another person’s account;
- Attempt to gain unauthorized access to the Site;
- Remove or modify any proprietary marking or restrictive legends in the Site;
- Upload, post, reproduce, or distribute any content protected by a third party’s copyright or other proprietary right without first obtaining permission from the owner. Any content subject to copyright or other proprietary right must contain the appropriate copyright or other proprietary rights notice. Unauthorized submission or distribution of materials subject to copyright or other proprietary rights is illegal, and could subject you to personal liability or even criminal prosecution;
- Engage in any data monitoring, data mining, data harvesting, data extraction, or any other similar activity in relation to the Site or while using the Site;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or to attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Access the Site to build any competitive product or service, or to copy any material on the Site for competitive purposes;
- Use the Site to violate Arizona College’s academic policies or codes of conduct; or
- Assist a third party in engaging in any of these prohibited activities.
Third Party Content
You agree to defend, indemnify, and hold harmless Arizona College (including its affiliates and subsidiaries) and its members, shareholders, officers, directors, managers, representatives, employees, contractors, agents, business partners, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and expert witness fees) arising out of or in any way connected with:
- Your use of the Site; and
- The use of the Site by another person accessing your account and/or Security Information.
DISCLAIMER OF WARRANTY, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER
DISCLAIMER OF WARRANTY: ARIZONA COLLEGE DOES NOT GUARANTEE THAT INFORMATION ON THE SITE OR MADE AVAILABLE THROUGH THE SITE WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THE SITE, AND ALL THIRD PARTY INFORMATION ON OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. ARIZONA COLLEGE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SITE OR THE MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE. ARIZONA COLLEGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, AND ARIZONA COLLEGE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
ARIZONA COLLEGE FURTHER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARIZONA COLLEGE (INCLUDING ITS AFFILIATES AND SUBSIDIARIES), ITS MEMBERS, SHAREHOLDERS, MANAGERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS, PARTNERS, SUCCESORS, AND ASSIGNS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITE FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1,000.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION, OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION, OR CLAIMS WERE FORESEEABLE OR ARIZONA COLLEGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION, OR CLAIMS.
All of the content on the Site is owned by us or our licensors or other third party service providers and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties (collectively, “Site Content”). You acknowledge that the Site and any underlying technology or software used in connection with the Site contains proprietary information.
Our name, Arizona College, and the Arizona College logo, and all related names, logos, product and service names, designs, and slogans (including those of our subsidiaries and affiliates) are trademarks, service marks, and trade names of Arizona College or its subsidiaries, affiliates, or licensors. You must not use such marks without the prior written permission of Arizona College. All other names, logos, product and service names, designs, and slogans on this Site are the property of their respective owners.
We respect the intellectual property rights of others, and require that the people who use our Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Arizona College, 2510 W. Dunlap Avenue, Suite 290, Phoenix, AZ 85021. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your consent to receive automated text messages and calls is voluntary, and is not a condition to your use of the Site. You can opt out at any time from receiving texts and calls by updating your messaging preferences, using the link provided for that purpose.
Term and Termination
- Any unauthorized access or use of the Site;
Tampering with or alteration of any of the software or data files contained in, or accessed through, the Site;
If Arizona College determines in its sole discretion that you have used or are using the Site for any fraudulent, illegal, or improper purpose, including if you are engaged in suspicious activity or Arizona College determines that your continued use of the Site would cause Arizona College to violate any applicable law or would place Arizona College at material risk of suffering any sanction, penalty, liability, or adverse publicity; or
If your actions or omissions create an immediate threat or may cause material harm to any person or organization.
Governing Law and Jurisdiction
We control and operate the Site from our offices in the United States of America. We do not represent that materials on our Site are appropriate or available for use in other locations. Persons who choose to access our Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.