From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.
You and Company agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, this Agreement and/or the shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling 800-352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Platform for use in any publications, in public performances, on platforms other than this Platform for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or Third Party Content that appears on this Platform.
Use of the Platform and Posting Policy
The following requirements apply to your use of the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This may include, but is not limited to, contests and sweepstakes, or other promotions. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.
From time to time on certain areas of our Platform you may be able to submit photos, written posts, messages to other users and certain other materials (“User Content”). By using these features, you agree that you will not provide any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not provide any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not provide any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Platform or features therein. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
By accessing or using any Platform messaging service, you understand and agree that you may receive communications from Company, at its discretion, and other users as well as notices, within the Platform and on the device used to access the Platform. Communications and notices may be sent by various means, including but not limited to e-mail, push notifications, in-App messaging and in-App chat. You may be able to customize the notices you receive through settings on your device or within the Platform. To the extent you engage in communications via any Platform messaging service (such as in-App messaging or in-App chat), you hereby authorize Company to deliver such communications to you through the Platform.
In addition, if you are a student at Trident you have certain responsibilities with respect to your conduct as set forth in the “Policy Handbook”, the University policies regarding student use of computing resources and other applicable policies contained in the Trident Policy Handbook which may be accessed via MyTLC student portal (https://mytlc.trident.edu/) or from our website located at https://www.trident.edu/catalog. Your conduct on the Sites is subject to and must fully conform with these policies. Violation of the policies published in the Policy Handbook may result in appropriate sanctions, as determined in the University’s sole discretion, in addition to any other consequence, penalty or liability that may result from such behavior.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and Platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Platform.
It is Trident’s goal to provide an exceptional experience to students, prospective students and anyone interested in the University. We monitor the website regularly to maintain this standard.
We currently follow the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines help make web content more accessible for people with disabilities, as well as more user-friendly for everyone.
You Acknowledge and Agree
(a) That the Trident website or content therein, or both, may not be accessible, or in a form that is conveniently accessible, by you; and
(b) That the Trident website may be interrupted for maintenance and repairs, or for any other reason and that access to any content cannot be, and is not, guaranteed.
(c) In the event that any content or part of the website is not accessible by you for any reason, you hereby agree to contact Trident immediately, informing Trident of access issues, allowing Trident to take appropriate action and steps to provide you access.
(d) That no guarantee or representation has been made that the Trident website, its content, or the server that makes the website available on the Internet are free of software viruses;
(e) That no guarantee or representation has been made that the functions contained in any software contained on this website or its content will operate uninterrupted or are error-free;
Copyright and Limited License from Trident
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Trident and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only.
(a) distribute, rent, sell, resell, lease, transfer, lend, timeshare, syndicate or otherwise commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
(d) copy, modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) use any Content, or this Website, to cause offence, harm, injury, damage or loss of any kind whatsoever to Trident, its faculty, staff or students, or to any other person;
(i) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(j) use the Sites, the Site Materials or the Services other than for its intended purpose.
You may not use the University logo or other proprietary graphic of Trident for any purpose without the express prior written permission of Trident. Further, you may not use, frame or utilize framing techniques to enclose any University trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Trident’s express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of the University or any third party.
Trident may, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement. Further, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws and regulations, Trident will terminate, in appropriate circumstances and at the University’s sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. Notwithstanding the foregoing, users who are students of Trident will also be subject to the policies and procedures set forth in the Policy Handbook of the University Catalog.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area to the material on our Site(s).
No logos or any other product or service name or slogan contained in the Sites may be copied, imitated or used, in whole or in part, without the express prior written permission of Trident or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Trident” or “Trident” any other name, trademark or product or service name of the University without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the University and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Trident.
Third Party Platforms
Third Party Content and Applications
In addition to official pages on the Sites containing the content of Trident in support of the University’s mission and vision, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of Trident. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). Trident does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Trident is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
The University may provide information about or links to third party products or services on the Sites or may run third party promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Trident is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-University advertisers or third party information on the Sites.
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. If the Platform requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Company; that you will only submit information about yourself; and that you will otherwise comply with these Terms, including the Posting Policy section of this Agreement. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Company Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
You understand that you have no ownership rights in your account or other access to the Platform or features therein. Company may terminate your access to the Platform, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Company, at any time, and without notice, for any reason, including if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
The information contained within press releases issued by Trident should not be deemed accurate or current except as of the date the release is posted. Trident has no intention of updating, and specifically disclaims any duty to update, the information in any press releases.
App Platform Users
If applicable, the use of the app version of the Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
Company may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Users of the Apple Platform
If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Company and its affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform, the Services, and/or the Content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. In the event of any failure of the Platform to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Transactions and Product Availability
Through the Platform, you may be able to order and/or pay for Company products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Company may permit you, through the Platform, to order products or services (collectively “Products or Services”). All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Company reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. After you have submitted your order on the Platform or you have otherwise directed Company to begin preparation of your order by means designated by Company and communicated to you in Company’s sole discretion, you may not cancel your order. Company may restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
Despite Company’s best efforts, occasional pricing and other errors may occur on the Platform. Access to the Platform does not constitute the right to purchase products featured. Company is not responsible for typographical, pricing or other errors. Company reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Company will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Company reserves the right to limit quantities of products purchased.
SMS Terms and Conditions
How to Opt-out: Text STOP to opt out of all services. You will receive a one-time opt-out confirmation text message.
Contact Us: If you have additional questions or comments, please contact us at or visit www.trident.edu
Supported Carriers: AT&T, Boost*, Cellcom*, Cellular South*, Cincinnati Bell*, Cricket, Get Lisa*, Interop*, Metro PCS*, nTelos*, Sprint, T-Mobile® (T-Mobile is not liable for delayed or undelivered messages to the customer.), U.S. Cellular, Verizon, and Virgin*. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate – check with your mobile operator.
*These carriers do not support MMS alerts, only SMS.
Disclaimer: THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Representations, and Limitations of Liability
Company makes no representations about the reliability of the features of this Platform, the Content, User Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Content will be preserved.
Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any Platforms which contain or suggest an endorsement by Company without the prior review and written approval of Company.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Cook County, Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Platform and your account. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
© 2020 Perdoceo Education Corporation. All rights reserved.