Terms of Use
These Terms of Use govern your use of all Archer Education, Inc. websites, including the website currently located at www.archeredu.com (collectively “Site” or “Sites”). Please read these Terms of Use carefully before using the Site. By using the Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.
These Terms of Use are effective on September 10, 2012.
1. Ownership
The content on the Site, other than User Content (defined below) and certain publicly available information, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the ARCHER EDUCATION word marks and ARCHER EDUCATION design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to Archer Education and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
2. Use of the Site and Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Archer Education and its applicable licensors. The Site is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that Archer Education may use any information Archer Education obtains about you in accordance with the provisions of Archer Education’s Privacy Policy.
Prohibited content and activities include, without limitation, the following: (a) violating any local, state, national, or international law or regulation;
(b) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) knowingly transmitting any material that contains adware, malware, spyware, 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;
(e) stalking, harassing, or harming another individual;
(f) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
(g) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site; and
(h) launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
3. User Content
The Site may enable you to submit your personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “User Content”), such as posting messages and other content to community and interactive areas of the Site. When you provide Archer Education with User Content, you hereby grant to Archer Education and its affiliates, representatives, and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. User Content may be available to other users of the Site. Archer Education reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, the Site, and Archer Education. Archer Education reserves the right to modify User Content in its sole and absolute discretion. Archer Education is not required to host, display, or distribute any User Content, and may delete, move, or edit User Content at any time.
Archer Education does not, as part of a regular, established practice, monitor, control, or have knowledge of any User Content transmitted on or through the Site. You agree that you are solely responsible for all User Content you transmit and receive on or through the Site.
You represent and warrant that:
(a) you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Archer Education the rights in your User Content described herein;
(b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
(c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your User Content to enable you to grant the rights to Archer Education described herein;
(d) you will make such permissions available to Archer Education upon request; and
(e) your User Content do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your User Content do not violate any of the foregoing representations and warranties and to make such records available to Archer Education upon Archer Education’s request.
4. Feedback
You further agree that Archer Education and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, that you may send to Archer Education or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Archer Education has no duties to you, with respect to such Feedback.
5. Digital Millennium Copyright Act
Archer Education respects the intellectual property rights of others. Upon proper notice, Archer Education will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Archer Education has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Archer Education’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Archer Education to locate the material on the Site;
(c) information reasonably sufficient to permit Archer Education to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyrightholder, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright holderor authorized to act on the copyright holder’s behalf; and
(f) your physical or electronic signature. Please send all of the above enumerated information to the following Archer Education copyright agent:
Brian Hartnack
10975 Benson Dr. Suite 150
Overland Park, KS 66210
(310) 574-2243 phone
(310) 564-0337 fax
[email protected]
Please do not send notices or inquiries unrelated to alleged copyright infringement to Archer Education’s designated agent.
6. Links to and from other Websites
The Site may provide, or users of the Site may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Archer Education is not responsible for the availability of such websites or resources, and Archer Education does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Archer Education shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such website or resource.
7. Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ARCHER EDUCATION AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). ARCHER EDUCATION AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
ARCHER EDUCATION AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARCHER EDUCATION AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCHER EDUCATION OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ARCHER EDUCATION OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
9. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Archer Education may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Archer Education’s liability shall be the minimum permitted under such applicable law.
10. Indemnity
You agree to indemnify, defend, and hold harmless Archer Education, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information or content you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account’s) use of the Site; (c) your (or anyone using your account’s) violation of these Terms of Use; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. Archer Education reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Archer Education in asserting any available defenses.
11. Force Majeure
Without limiting the foregoing, under no circumstances will Archer Education be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Termination
If you violate any of these Terms of Use, your permission to use the Site and the Content automatically terminates.
13. Modifications to the Site
Archer Education reserves the right to modify or discontinue the Site with or without notice to you. Archer Education shall not be liable to you or any third party should Archer Education exercise its right to modify or discontinue the Site.
14. Other Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Archer Education to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, together with Archer Education’s Privacy Policy and any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between Archer Education and you regarding the Site, and these Terms of Use supersede and replace any prior agreements between Archer Education and you regarding the Site.
15. Arbitration Agreement
You and Archer Education agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Archer Education relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Archer Education will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Archer Education also have the right to bring qualifying claims in small claims court. In addition, you and Archer Education retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.
Neither you nor Archer Education may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Archer Education’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 15 will survive the termination of your relationship with Archer Education.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ARCHER EDUCATION WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
16. Terms of Use Changes
Archer Education may, in its sole and absolute discretion, change these Terms of Use from time to time. Archer Education will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.