WHAT YOU CAN AND CANNOT DO ON THE WEBSITE. ACUE grants you a limited, nonexclusive license to access and make personal, noncommercial use of the Services and the Course Content. 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, 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.
YOUR USE OF CHAT AND OTHER COMMUNICATIONS TECHNOLOGY. The ability of instructors and students 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, discussion groups, bulletin boards, news groups, forums and/or other message or communication technologies offered by the Website 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 others 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 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.
THIRD-PARTY CONTENT AND MATERIALS; LINKS TO OTHER WEBSITES. ACUE may, from time to time, use and display certain videos, audio recordings, data, information and other content and material on the Website 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. By using the Website you agree to abide by all such third-party terms and conditions. The Website may also provide links to other websites and access to content, products and services from third parties. ACUE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACUE. When you access a third-party website, you do so at your own risk.
USE OF ACUE BRANDING AND SERVICE MARKS. The “ACUE” name and logo are protected by copyright. You may not use any of these marks, or any variations thereof, (i) without ACUE’s prior written consent, (ii) for promotional purposes, or (iii) in any way that deliberately or inadvertently claims, suggests or, in ACUE’s sole judgment, gives the appearance or impression of a relationship with or endorsement by ACUE. 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, 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. 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.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless ACUE, its officers, directors, faculty members, instructors, students, 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 connected with your access to or use of the Website or any Services offered through the Website.
APPLICABLE LAW. The Website 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 is appropriate or available for use in other locations. Your access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website 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. Neither you nor ACUE will seek to have any dispute heard as a class action or in any other proceeding in which either party acts in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. 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.
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: The Association of College and University Educators, 85 Broad Street, 18th Floor, New York, New York 10004, Attention: General Counsel.
Effective Date: August 15, 2015.