PLEASE READ THIS PAGE CAREFULLY. By browsing the Website or accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not understand or do not agree to be bound by these Terms and Conditions, do not browse the Website or access or use the Services. ACUE may change or modify these Terms and Conditions and the Services at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. Your continued use of the Services following the posting of a change or modification to these Terms and Conditions will constitute your agreement to be bound by such change or modification. If you violate any of these Terms and Conditions, your permission to browse the Website and to access and use the Services will automatically terminate. ACUE reserves the right to pursue all available remedies for a violation of these Terms and Conditions.
SERVICES. ACUE offers Services through its Website. If not part of an institutional program, you agree to pay ACUE the required course fees as indicated on or before enrollment for your access and use of the Services. You acknowledge that ACUE may use third-party service providers to perform certain aspects of the Services provided to you hereunder. ACUE may provide you with support services as reasonably necessary to facilitate its performance of the Services. In order to use the Services, your computer hardware, software and internet connectivity must meet certain minimum requirements as may be specified by ACUE from time to time. ACUE bears no liability or responsibility if you cannot access the Services due to a failure to meet such minimum requirements.
LIMITED RIGHTS: Subject to the Terms and Conditions of this Agreement, ACUE grants you a limited, nonexclusive, non-transferable, revocable license to access and make personal, noncommercial use of the Services and the Course Content in accordance with these Terms and Conditions. In connection with your use of the Services and the Course Content, you may not resell or make commercial use of the Services or Course Content or copy all or any part of the Services or the Course Content for the benefit of another person or entity. You may not create derivative works of, or otherwise commercially exploit, all or any part of the Services or the Course Content. In connection with your use of the Website and Services, you may not use data mining, data gathering or extraction tools or data analytics software; frame or otherwise enclose any trademark, logo or other proprietary information of ACUE; “mirror” any Course Content on any other server; or use any meta tags or any other “hidden text” that makes use of ACUE’s name or trademarks. You may not remove any copyright or other legal notice from any Course Content. All rights in the Services, if not expressly granted on this page, are expressly reserved by ACUE. Any unauthorized use of the Services automatically terminates the limited license granted by ACUE above.
ACUE is committed to providing a learning environment free from unlawful discrimination and harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its members. Consistent with this commitment and with applicable laws, it is the policy of ACUE not to tolerate unlawful discrimination or harassment in any form and to provide mechanisms for seeking redress. All members of the ACUE community are expected to adhere to the applicable policies and to cooperate with the procedures for responding to complaints of discrimination and harassment. All are encouraged to report any conduct believed to be in violation of these policies to firstname.lastname@example.org. Our expectation is that students/course-takers uphold and adhere to such policies during the course.
YOUR USE OF CHAT AND OTHER COMMUNICATIONS TECHNOLOGY. The ability of instructors and students/course-takers to interact, either individually or in group settings, is an important part of the online experience provided by ACUE. Your use of the Services may involve the use of chat and instant messaging technology, live virtual discussions, discussion groups, bulletin boards, news groups, forums and/or other message or communication technologies offered by the Website and Services to enable you to communicate with others (the “Communication Technology”). You agree to use the Communication Technology only to post, send and receive messages and material that are appropriate in an academic setting which encourages collegial discussion and polite and respectful debate. By way of example, and not as a limitation, you agree that when using the Communication Technology, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
• Promote racism, bigotry, sexism, hatred or harm against any group or individual;
• Publish, post, upload, forward, distribute or disseminate any profane, defamatory, vulgar, obscene, indecent or unlawful material or information;
• Commit illegal activities or encourage others to commit illegal activities;
• Conduct surveys, contests or pyramid schemes or send junk email, spam or any other unsolicited or unwelcome messages (commercial or otherwise);
• Upload, or otherwise make available, files that contain images, graphics, photographs, videos, music or audio recordings, software or other material protected by intellectual property laws or laws governing rights of privacy or publicity, unless you own or control the rights thereto and have received all necessary consents and permissions to do the same;
• Skim, scrape, collect or store personal data or information (including directory information) about other users;
• Solicit funds, engage in advertising, promotions or sales or conduct any other commercial activities;
• Upload, or otherwise make available, files that contain viruses, malware, spyware, Trojan horses, worms, time bombs, keystroke loggers or any other similar software or programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate another’s computer, network, data or personal information;
• Create a false identity, misrepresent yourself intentionally or post content that contains intentionally inaccurate or false information, or claim a relationship with, or the ability to speak for, any other individual, business, institution or other organization for which you are not authorized to claim such a relationship;
• Publish, post, upload, forward, distribute or disseminate any disparaging statements or representations about ACUE or the Services;
• Engage in any activity intended to damage, disable, overburden or impair any ACUE server or network or to interfere with any other user’s use and enjoyment of the Website;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Services or attempt to probe, scan, test the vulnerability of or breach the security of any system, device or network; or
• Violate any applicable laws or regulations.
You agree that you are responsible for your own use of the Communications Technology. ACUE is not obligated to monitor the use of the Communication Technology or protect you from inaccurate, offensive, defamatory, indecent, fraudulent, objectionable or unwanted communications. However, ACUE reserves the right to review user-generated information and material posted to the Website and/or Services and to edit or remove any such information and material in its sole discretion. ACUE also reserves the right to terminate your access to or use of the Communication Technology at any time and without notice if ACUE determines, in its sole discretion, that a violation of the above Terms and Conditions for the Communications Technology has occurred. You agree not to continue posting any content that ACUE has previously removed. ACUE reserves the right to terminate your access to any or all of the Communication Technology at any time without notice for any reason whatsoever. ACUE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACUE’s sole discretion.
You acknowledge that you are solely responsible for any content, data and material that you post, publish, submit or distribute using your ACUE user account and/or the Communications Technology, including all comments, forum posts, notes, questions, videos and audio recordings, messages, communications, file uploads and information submitted during registration or enrollment (“User Content”). Before posting any User Content, you shall ensure that you have sufficient legal rights in the User Content to make it available to users of the Website. You shall be solely liable in all respects for any infringement or violation of the intellectual property, privacy and data protection rights of the individuals or entities whose content, data or material is included in your User Content.
MATERIALS PROVIDED TO ACUE OR POSTED ON ACUE.ORG: ACUE does not claim ownership of the materials you provide to acue.org (including feedback and suggestions) or the User Content you post, upload, input or submit to the Website and/or Services. However, by posting, uploading, inputting, providing or submitting the User Content you are granting ACUE, our affiliated companies and necessary sublicensees permission to use the User Content in connection with the Services including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; and to publish your name in connection with the User Content. You hereby waive any moral rights you may have in your User Content.
No compensation will be paid with respect to the use of your User Content, as provided herein. ACUE is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in ACUE’s sole discretion.
By posting, uploading, inputting, providing or submitting User Content you warrant and represent that you own or otherwise control all of the rights to the User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. If you believe that any contributions to Communication Technology violate your copyright, please send us a notice of copyright infringement at email@example.com.
PERSONS UNDER THE AGE OF 13. Please note that any use or access of the Services or Course Content by anyone under the age of thirteen is prohibited and ACUE asks that you not submit any personal information about children to ACUE.
THIRD-PARTY CONTENT AND MATERIALS; LINKS TO OTHER WEBSITES. The Website and Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ACUE and ACUE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACUE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACUE of the Linked Site or any association with its operators. When you access a third-party website, you do so at your own risk.
Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that ACUE may share such information and data with any third party with whom ACUE has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
ACUE may, from time to time, use and display certain videos, audio recordings, data, information and other content and material on the Website and/or Services that are owned by third parties and licensed to ACUE. Your use of any such third-party content or material may be subject to additional terms and conditions which will be posted on the Website. It is your responsibility to review and be aware of additional terms and conditions to which your use or ACUE Website and/or Services may be subject. By using the Website you agree to abide by all such third-party terms and conditions.
ACUE BRANDING, TRADEMARKS AND SERVICE MARKS. This Website contains material which is owned by or licensed to ACUE. This material includes, but is not limited to graphics, images, video, audio, as well as the design, layout, look, and appearance thereof. The information and material provided on this Website and/or Services, as well as material and information that you access through links provided in this site is protected by law including, but not limited to, copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Visitors who choose to access this Website and other sites through links provided in this site are responsible for compliance with such copyright laws as well as all other applicable laws. All trademarks (including ACUE’s name), related names, logos, product and service names, designs, and slogans (collectively “ACUE’s trademarks”) used and displayed on this Website and through the Services are the registered and unregistered trademarks of ACUE. You may not use ACUE’s trademarks, or any variations thereof, without ACUE’s prior written consent. All trademarks not owned by ACUE that appear on the Website or on or through the Services or in the Course Content, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any trademark displayed on the Website without the written permission of the owner of the applicable trademark.
USE OF ACUE COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY. The materials, data and other information used and displayed on the Website or made available as part of the Services or the Course Content are the property of ACUE or its licensors and are protected by copyright and other laws. In addition to ACUE’s and its licensors’ rights in individual elements of the content within the Website and/or Services, ACUE owns a copyright in the selection, coordination, arrangement and enhancement of such content. Except for the limited license granted above, you are not authorized or licensed to use any materials, data and other information used and displayed on the Website or made available as part of the Services or the Course Content.
FEEDBACK AND SUGGESTIONS. ACUE welcomes your suggestions, ideas, comments and other feedback regarding the Services (“Feedback”). Feedback, even if designated as confidential by you, will not, absent a separate written agreement with ACUE, create any confidentiality obligation for ACUE. You agree that, except as otherwise provided in a separate subsequent written agreement between you and ACUE, ACUE will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback as ACUE sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
DISCLAIMERS. THE WEBSITE AND ANY SERVICES AND COURSE CONTENT OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
ACUE MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) ANY COURSE CONTENT THAT IS AVAILABLE ON THE WEBSITE WILL CONTINUE TO BE MADE AVAILABLE.
ANY COURSE CONTENT OR OTHER SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR OWN DISCRETION AND RISK. ACUE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY COURSE CONTENT, SOFTWARE OR PRODUCTS OR THE UPLOAD BY YOU OF ANY USER CONTENT TO THE WEBSITE.
EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND THE SERVICES. IN NO EVENT SHALL ACUE OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ACUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF REMEDIES OR LIABILITY, AND ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You acknowledge and agree that the disclaimers and limitations of liabilities set forth in these Terms and Conditions reflect a reasonable and fair allocation of risk between you and ACUE, and that these disclaimers and limitations are an essential basis to ACUE’s ability to make the Services available to you on an economically feasible basis.
LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE AND/OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION. To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless ACUE, its officers, directors, faculty members, instructors, students/course-takers, employees, agents and other representatives from and against any and all claims, liabilities, damages, judgments, fines, penalties, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way relating to or arising out of your use of or inability to use the Website and/or Services, any user postings made by you, your violation of any Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ACUE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ACUE in asserting any available defenses.
CLASS ACTION WAIVER
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
APPLICABLE LAW AND FORUM SELECTION. The Website and Services is operated by ACUE from its offices in the United States of America. ACUE makes no representation that any Service or Course Content made available on the Website and/or Services is appropriate or available for use in other locations. Your access to the Website and/or Services from territories where the content of the Website and/or Services may be illegal is prohibited. Those who choose to access the Website and/or Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. All matters relating to your access to, and use of, the Website and the Services and Course Content offered on the Website shall be governed by U.S. federal law or the laws of the State of New York in the United States of America. Any legal action or proceeding relating to your access to, or use of, the Website and the Services and Course Content offered on the Website shall be instituted in a state or federal court in the Borough of Manhattan, New York, United States of America. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Any proceedings to resolve or litigation of any dispute in any forum will be conducted solely on an individual basis.
TERMINATION. You may discontinue your access to and use of the Services at any time. These Terms and Conditions will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that ACUE may terminate or block your use of all or part of the Services without prior notice for any reason, including, without limitation, if ACUE believes you have engaged in conduct prohibited by these Terms and Conditions. You agree that upon termination or discontinuance for any reason, ACUE may delete all information related to you on the Website and may bar your access to and use of the Services.
SIGNED WRITING. You agree that these Terms and Conditions, when presented to you electronically, have the same effect as an agreement in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Services electronically from ACUE. The delivery of any communication from ACUE is effective when sent or posted by us, regardless of when you receive or read the communication. In addition, ACUE is not responsible for communications that do not reach you if you have not provided ACUE with your current contact information. If you decided not to receive notices from ACUE electronically, ACUE may cancel your account and terminate access to the Services.
WAIVER AND SEVERABILITY. The failure of ACUE to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The provisions of these Terms and Conditions shall be considered severable in the event that any of such provisions are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable. Such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are valid and enforceable and which are similar as possible in term and intent to those provisions deemed to be invalid, void or otherwise unenforceable. Notwithstanding the foregoing, the remaining provisions of these Terms and Conditions shall remain enforceable to the fullest extent permitted by the law.
ASSIGNMENT AND BINDING EFFECT. You may not assign these Terms and Conditions or any rights or obligations herein without the prior written consent of ACUE. Any attempted assignment in contravention of this provision is null and void and of no force or effect. ACUE has the right to assign these Terms and Conditions, and any of its rights or obligations herein. These Terms and Conditions are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
ACUE respects the intellectual property rights of others, and ACUE asks its users to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your copyrighted work has been copied and is accessible on an ACUE website in a way that constitutes copyright infringement, please send a notice to ACUE’s copyright agent providing the following information:
• Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information that is sufficient for ACUE to locate the material (e.g., URL, IP address, computer name);
• Information for ACUE to be able to contact the complaining party (e.g., email address, phone number);
• A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent; and
• A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
ACUE’s copyright agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org or The Association of College and University Educators, 745 Fifth Avenue, #500, New York, NY 10151, Attention: General Counsel.
Effective Date: January 1, 2020.