Terms and Conditions
Thank you for visiting the Aspen University® website located at www.aspen.edu (the “Site“). The Site is an Internet property of Aspen University Inc. (“Company,” “we,” “our” or “us“). The following Aspen University® Website Terms and Conditions (“Terms and Conditions“) are inclusive of the Aspen University® Privacy Policy (“Privacy Policy“), the FERPA Annual Notification of Student Rights, the Site’s Frequently Asked Questions section, the Distance Education Accrediting Commission (“DEAC”) Consumer Information Disclosure, the Site’s Accreditation & Authorizations section, the Gainful Employment Disclosures and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement“).
Each end-user visitor to the Site (“User,” “you” or “your“) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses, downloads and/or views: (i) any of the links to various third-party operated websites, information and/or resources (“Links“), as featured on the Site; (ii) our current course catalogue (“Course Catalogue“); (iii) our academic policies; (iv) information pertaining to available courses, coursework, admission requirements, credit transfers, faculty, tuition, scholarships, examinations, student policies, codes of conduct and any other information pertaining to our academic offerings (“Academic Content“); and/or (v) any of the other text, brochures, audio, video, photographs, graphics, artwork and/or other Company content featured on the Site (the “General Content,” and together with the Links, Course Catalogue and Academic Content, the “Content“); (c) accesses links to Company’s social media pages/accounts featured on third-party social media websites, such as Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Pages“); (d) utilizes the various service portals featured on the Site, as made available by our third-party service providers (“Third-Party Service Providers“), for use by students (“Students“) in order to: (i) make tuition payments via the payment portal (“Payment Portal“); and/or (ii) manage aspects of the applicable Student’s current enrollment with Aspen University (“Aspen University“) including, without limitation, accessing testing services and participating in classroom-related activities via the student portal (“Student Portal,” and together with the Payment Portal, the “Portals“); (e) applies for admission to Aspen University (“Admission Application Services“); (f) accesses certain student forums, classroom forums, message boards, comments sections and other interactive features of the Student Portal and/or Site (collectively, “Interactive Services“); and/or (g) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, Portals, Admission Application Services and Interactive Services, the “Site Offerings“).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Company is not in any way affiliated with Facebook, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions“) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions“) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who are at least sixteen (16) years of age and who can enter into legally binding contracts under applicable law (collectively, “Usage Requirements“). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under sixteen (16) years of age and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. To the extent permitted by applicable law, Company may terminate your right to access the Site Offerings at any time where you: (a) are in any way in breach of the Agreement; (b) are engaged in any improper conduct in connection with the Site Offerings; and/or (c) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Registration Forms. In order to utilize certain Site Offerings, including the Portals, Contact Services and Admission Application Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your gender; (c) your date of birth; (d) your military affiliation and branch (if applicable); (e) your mailing/billing address; (f) your e-mail address; (g) your telephone number; (h) your preferred time of day to be contacted; (i) your credit card and/or debit card information (where making a tuition payment); (j) information pertaining to your financial aid or military-related tuition assistance (where making a tuition payment); (k) your academic program of interest; (l) your anticipated start date for your chosen academic program; (m) your anticipated payment method for your chosen academic program; (n) your previous education experience, including any applicable college(s) attended, the country where such college(s) is/are located and any degree(s) earned from such college(s); (o) whether or not English is your first language; (p) your current employer; and/or (q) any other information requested on the Form (collectively, “Initial Registration Data“). In addition, Users attempting to utilize a Portal may be required to submit their ID and Password (“Log-In Data,” and together with the Initial Registration Data, “Registration Data“). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
Company’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
4. Portals. The Site contains links to Portals that are available to Students of Aspen University. The Portals may be used by Students: (a) to make tuition payments; (b) to manage aspects of Student course-load, testing and other enrollment requirements; (c) to access and participate in classroom-related activities; and (d) in other ways as made available by Company from time-to-time in its sole discretion. Please be advised that the Portals are hosted and operated by Company’s Third-Party Service Providers. The Third-Party Service Providers may impose additional terms and conditions associated with use of the Portals. By using the Portals, you agree to be bound by and comply with any terms, conditions and/or policies applicable to same. You understand and agree that Company is not responsible or liable in any manner whatsoever for your use of, or inability to use, the Portals. You understand and agree that Company shall not be liable to you or any third-party for any unavailability, downtime, modification, suspension or discontinuation of the Portals. You understand and agree that Company shall not be liable to you for any products and/or services offered by any Third-Party Service Provider and/or for the discontinuation of same.
5. Content. The Site contains Content which includes, but is not limited to, the Links, Course Catalogue, Academic Content, General Content and other information about Company and Aspen University. Although some of the Content made available to you on this website is obtained and/or compiled from sources that Company believes to be reliable, Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such Content. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. The Content, including the Course Catalogue, is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
6. Admission Application Services. The Site contains Admission Application Services, including relevant Forms and other functionality, that enable Users to apply for admission to Aspen University. You understand and agree that Company shall not be liable to you or any third-party for any unavailability, downtime, modification, suspension or discontinuation of the Portals.
7. Billing Provisions.
(a) Payment Portal. Subject to any additional terms and conditions applicable to, and made available in connection with, the Payment Portal, you may be able to make tuition payments utilizing the Payment Portal. Where you make a tuition payment by and through the Payment Portal, the credit card and/or debit card that you provided on the Payment Portal Form (“Payment Method“) will be charged the amount listed for the applicable tuition payment; provided, however, that, where available, you may be able to make tuition payments by and through the Payment Portal through the use of financial aid and/or military-related student aid. In some instances, you may be able to arrange for deferred tuition payments. UNLESS OTHERWISE INDICATED, ALL TUITION PAYMENTS ARE FINAL AND NON-REFUNDABLE.
(b) General Billing Provisions. Tuition costs are quoted in U.S. Dollars, and are payable in U.S. Dollars. The tuition payments will appear on your Payment Method statement through the identifier, “Aspen University Inc”. Failure to engage in any of the coursework does not constitute a basis for refusing to pay any of the associated tuition charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Subsequent tuition payments after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any tuition charges incurred prior to the applicable amendment or modification. Company’s authorization to bill for tuition is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
8. Interactive Services.
(a) User Content. Use of the Interactive Services remains subject to all Aspen University student codes of conduct and related policies. In connection with the Interactive Services, Users may be able to upload and/or post certain comments, text, content, material, video, communications, feedback and/or other information to/on the Site and/or Student Portal (collectively, the “User Content“). By making the User Content available by and through the Interactive Services or otherwise through the Site Offerings, each User provides to Company a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, User acknowledges and agrees that Company shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting Aspen University to third parties. Each User represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, Company may reject and/or remove any User Content at any time and for any reason, in Company’s sole discretion.Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Interactive Services. Each User and third-party agrees that Company shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
(b) User Content Restrictions. In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, Users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (vii) express or imply that any statements it makes are endorsed by Company; (viii) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the reasonable discretion of Company. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
9. Interactions. Users are solely responsible for their online, in-person and other interactions (“Interactions“) with other Users, Students, Aspen University faculty, Company employees and other third parties. Without limiting the generality of the disclaimers contained in the Agreement, because Company does not supervise or control the Interactions, in the event that you have a dispute with one or more Users, Students, Aspen University faculty, Company employees and/or other third parties in connection with the Interactions, you hereby release (to the fullest extent permissible by law) Company including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Company reserves the right, but has no obligation, to monitor disputes between you and other Users, Students, Aspen University faculty, Company employees and other third parties in connection with the Interactions. Please use caution, common sense and safety when using the Site Offerings, including when arranging and/or participating in any Interactions.
10. Social Media Pages. The Site contains links to the various Company Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites“) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Company shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
11. Representations and Warranties. Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User, which is fully enforceable against such User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; and/or (ii) any agreement or other instrument applicable to User; and (d) User’s performance under this Agreement, User’s User Content and use of the Site Offerings, will not infringe upon any third party’s intellectual property rights and/or violate any applicable laws, rules or regulations.
12. Indemnification. Each User agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User, Student, Aspen University faculty, Company employee and/or other third parties; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; (c) that User’s User Content, including any claim that such User Content infringes upon the intellectual property and/or proprietary rights of any third party; and/or (d) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 12 are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against Users on its own behalf.
13. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 13. Company reserves any rights not explicitly granted in the Agreement.
14. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Aspen University” name and logo, and all associated graphics, icons and service names, are registered trademarks of Aspen University Inc. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC EDUCATIONAL OUTCOME, BENEFIT OR RESULT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, STUDENTS, ASPEN UNIVERSITY FACULTY, COMPANY EMPLOYEES AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA AND/OR USER CONTENT; (E) THE FAILURE TO REALIZE ANY SPECIFIC EDUCATIONAL OUTCOME, BENEFIT OR RESULT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Copyright Policy/DMCA Compliance. Company reserves the right to terminate the account of any User who infringes upon third-party copyrights. If any User or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559
19. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Website and/or Links. Company does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
20. Editing, Deleting and Modification. Company reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
21. Use of Registration Data and User Data. All material submitted by Users through or in association with the Site Offerings including, without limitation, the Registration Data and User Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
22. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer“). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
23. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
24. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Company, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site. For general inquiries, please email us as at: info@aspen.edu; call us at: (303) 333-4224; or send us mail to: Aspen University, 4615 E. Elwood St., Suite 100, Phoenix, AZ 85040.