Ashford University Terms and Conditions of Usage
1. Effective Date. The Ashford University Terms and Conditions of Usage were last updated on October 20, 2011. We reserve the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms and Conditions, in whole or in part, at any time. For changes that we deem material, we will place a notice on the Ashford University website (www.ashford.edu) by revising the link on the homepage to read substantially as “UPDATED AU Terms and Conditions” for a reasonable time. The most current version of these Terms and Conditions will be available on the Site and will supersede all previous versions. By accessing or using the Site after the Terms and Conditions have been changed, you consent and agree to the revised Terms and Conditions.
2. Nonexclusive License. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon for your own personal, non-commercial purposes, provided that you comply fully with these Terms and Conditions. You may not copy, share or distribute any portion of the Site without the prior, written permission of Ashford University.
3. Prohibited Uses. Unauthorized use or modification of the Site may result in criminal and/or civil prosecution. You may not use the Site for anything other than a lawful and legitimate business or educational purpose. You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these Terms and Conditions. You will not defeat or interfere with any security feature of the Site, or attempt to do so. You will not interrupt, or attempt to interrupt, the operation of the Site in any way. You agree not to use the Site to: (i) engage in or promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on the Site or supplied by another user of the Site; (iii) post, transmit, or share material that you did not create or that you do not have permission to post, transmit, or share, or conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity; (iv) advertise or promote and product or service, without the prior written permission of Ashford University; (v) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment; or (vi) send chain letters, junk mail, unsolicited e-mail or "spam," commercial or non-commercial solicitations or bulk communications of any kind including, but not limited to, utilizing distribution lists used to convey information to any person who has not given specific permission to be included in such a list. You agree that you will not access the Site using any automated means to aggregate content from multiple pages or portions of the Site for any commercial purpose. You agree not to restrict or inhibit any other user from using and enjoying the Site or any service provided through the Site.
4. Your Communications and Other Content You Provide. You are solely responsible for the content of any transmissions you make to or through the Site, or to any Ashford University employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site.
5. Usage and Monitoring. You may use the Site only as permitted by Ashford University. Ashford University has no obligation to monitor the Site, and is not responsible for the content of any messages, information or files transmitted to or through the Site by anyone other than Ashford University. However, Ashford University reserves the right to delete and take other appropriate action with respect to such messages, information or files which Ashford University, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the Site to anyone at anytime. By using the Site, you consent to such actions, including the monitoring, review and auditing of all messages, information and files transmitted to or through the Site.
6. Eligibility. By using the Site, you certify that you are at least 18 years old. Use of the Site by children under the age of 18 years is strictly prohibited.
8. Additional Terms and Conditions Applicable to Ashford University Students. If you are enrolled with Ashford University, you may use the Ashford University Site only for your personal educational purposes consistent with the classes and/or degree programs in which you are enrolled. You may not permit anyone else to use your account to access the Ashford University Site or any other online resources, including resources provided by third parties, that Ashford University makes available to enrolled students. Except as necessary for the purposes of participating in the classes and/or degree program in which you are enrolled, or as provided in Section 11, you may not copy, share or distribute content you obtain from the Site, or from other online resources or third party sites that Ashford University makes available to enrolled students. It is a violation of these Terms and Conditions, Ashford University policy and state and federal law for anyone to access the Site, any other Ashford University computer resources, or any data contained therein, without Ashford University’s express authorization. You are responsible for maintaining the security of your account access credentials (including your username, password, and any other names, numbers, or codes used to access resources on or through the Site), and you are responsible for any unauthorized use of your account. You agree to use reasonable measures to protect the security of your account access credentials, and to prevent unauthorized access to the Site, any other Ashford University computer resources, and any data contained therein. You agree that you will not upload, post, transmit, or share any content that you did not create or that you do not have permission to use and share through the Site. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use, and to authorize Ashford University to use, any content you upload, post, transmit or share. By submitting, uploading or posting content to the Site, you warrant that it does not infringe any intellectual property rights of another person.
9. Grant of License by Students Enrolled with Ashford University. By enrolling with Ashford University, you grant Ashford University, its affiliates, instructors, officers and employees an irrevocable, perpetual, non-exclusive, royalty-free, transferrable and sublicenseable, worldwide license to display, copy, distribute, in and through all means and media now known or hereafter invented, and to make, display, copy and distribute in the same manner derivative works based on, any and all information you post to or through the Site, written communications you make to professors or other students, and written assignments, papers and exam responses you submit to fulfill class or degree requirements (“your content”). However, Ashford University will use your content only as it, in its sole discretion, deems appropriate for the following purposes and to the extent permitted by FERPA: (i) to provide you and other enrolled students instruction, educational services and opportunities, and other services; (ii) to enforce or comply with Ashford University’s policies and/or legal rights and obligations, including but not limited to these Terms and Conditions, Ashford University’s policy on academic integrity, and your Enrollment Agreement with Ashford University; and (iii) to promote Ashford University. Ashford University does not assert any ownership of your content; rather, as between Ashford University and you, subject to the rights granted to us in these Terms and Conditions, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content. By posting or uploading content to the Site you represent and warrant that you have the right to post the content to the Site, and to license the content to Ashford University as provided in these Terms of Usage.
10. Notice. “Ashford University” and other names, logos, and marks related to Ashford University and
its services are trademarks and service marks of Ashford University, and are protected by law. Ashford University reserves all rights to its trademarks and service marks. They may be used only with the prior written permission of Ashford University. Fair use of the trademarks and service marks requires proper acknowledgment. Names, logos and marks of other entities appearing on the Site are the trademarks or service marks of those entities, and their appearance on the Site does not imply the endorsement of Ashford University by or affiliation of Ashford University with those entities, except as expressly indicated.
12. Commercial Use of Ashford University Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Ashford University Site for commercial purposes is prohibited without the express written permission of Ashford University. To obtain permission to copy portions of this site, please send an email and provide the following information in the body of the email:
the content you wish to use;
- where, when and how it will be used (for example, a seminar, newsletter or news article);
- where and how copies will be distributed and to what audience;
- how many copies will be produced and distributed;
- what other materials will be associated with the Ashford University content; and your name, title, company, address, email address, and phone number.
- We will evaluate and respond to your request. Ashford University reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.
13. Email May Not Be Used to Provide Notice. Communications made through the Site's email, messaging or chat system shall in no way be deemed to constitute legal notice to or service of process on Ashford University or any of its officers, employees, agents or representatives, including but not limited to any notice required by contract or by any federal, state or local laws, rules or regulations.
14. Links to Other Sites and/or Materials. Links may appear on the Site that link to third party websites operated by others. For example, there is a link on Ashford University Site to an online bookstore owned and operated by EdMap. Other examples of third party websites accessible to the general public or enrolled students through the Ashford University Site include but are not limited to: the Official Online Store; Ashford University’s pages on social networking and media sites such as youtube.com, facebook.com, twitter.com and linkedin.com; the National Student Clearinghouse website for ordering transcripts; SallieMae.com or the websites of other companies that provide financial aid services; career services websites; the WritingReviser, Turnitin and RefWorks websites; and the numerous library databases Ashford University makes available to students. The name and logo of Ashford University may appear on third party sites in order to notify students that the sites contain information or materials specified for Ashford University's students or curriculum. However, Ashford University does not operate the third party sites. Links to sites operated by others are provided as a courtesy to Site visitors and/or enrolled students. Ashford University has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. TO THE GREATEST EXTENT PERMITTED BY LAW, ASHFORD UNIVERSITY IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE OR WARRANT IN ANY WAY ANY MATERIALS INFORMATION, GOODS OR SERVICES AVAILABLE THROUGH SUCH LINKED SITES OR ANY PRIVACY OR OTHER PRACTICES OF SUCH SITES, WHETHER OR NOT THEY USE THE ASHFORD NAME, LOGO OR TRADEMARKS. IF YOU DECIDE TO ACCESS ANY OF THE LINKED SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK. Ashford University reserves the right to terminate any link at any time.
15.DISCLAIMER OF WARRANTIES.
- THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF), TO THE GREATEST EXTENT PERMITTED BY LAW, IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, ASHFORD UNIVERSITY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT: (i) ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iii) THAT THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (iv) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (v) OR THAT THE SITE OR THE SERVERS THROUGH WHICH IT IS MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Neither Ashford University nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
- USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
- Any information posted by other students, instructors or users of the Site reflects the views of the individual users or instructors and do not necessarily reflect the views of Ashford University or any of its affiliates.
16. LIMITATION OF LIABILITY.
- YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, ASHFORD UNIVERSITY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA (EVEN IF ASHFORD UNIVERSITY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RESULTING IN ANY WAY FROM: (i) YOUR USE OF THE SITE; (ii) THE UNAVAILABILITY OF THE SITE OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE; (iii) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE OR OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE; (iv) THE ACTIONS OF OTHER STUDENTS OR USERS OF THE SITE, OR OF ANY THIRD PARTY; OR (v) THE UNINTENTIONAL DISCLOSURE OF INFORMATION STORED ON OR TRANSMITTED THROUGH THE SITE, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE, EVEN IF IT CONSTITUTES CONFIDENTIAL OR TRADE SECRET INFORMATION (THE “RELEASED MATTERS.".
- TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO A MAXIMUM OF $1000.
- By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters. YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE. NEVERTHELESS, YOU INTEND TO RELEASE FULLY, FINALLY AND FOREVER ALL RELEASED MATTERS. YOU AGREE THAT THE RELEASES SET FORTH HEREIN WILL REMAIN IN EFFECT NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY SUCH ADDITIONAL OR DIFFERENT CLAIMS OR FACTS RELEVANT HERETO.
17. RESTRICTIONS ON THE LIMITATION OF WARRANTIES AND LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD ASHFORD UNIVERSITY AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN CONNECTION WITH ANY SUCH CLAIM OR DEMAND, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY REPRESENTATION OR WARRANTY BY YOU, ANY MISREPRESENTATION BY YOU, OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER LEGALLY PROTECTED RIGHT OF ANY PERSON OR ENTITY BY YOU OR ANY OTHER USER OF YOUR ACCOUNT CREDENTIALS. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF ASHFORD UNIVERSITY.
19 .NON-UNITED STATES RESIDENTS. Ashford University operates the Site in the United States. Ashford University makes no representation that the Site is appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, rules, and regulations, if and to the extent applicable. You may not access the Site from any country or territory where the content of the Site or the provision of the services through the Site is illegal. You may not use or export any of the materials constituting or available through the Site in violation of United States export laws and regulations.
20. Refusal or Discontinuance of Service. You understand and agree that Ashford University may, in its sole discretion and at any time, for any reason, terminate your password, account or use of the Site, or prohibit you from accessing the Site, in whole or in part. You understand and agree that Ashford University may take any one or more of these actions without prior notice to you. Should Ashford University take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. Any violation of these Terms and Conditions may result in restrictions on your access to all or part of the Site, and may be referred to law enforcement authorities. The foregoing notwithstanding, if you are an enrolled student your access to the Site will be terminated only in accordance with your Enrollment Agreement and applicable Ashford University policies, and any student records will be maintained to the extent required by law.
21. Applicable Laws; Venue for Disputes. These Terms and Conditions, including any and all revisions, are governed by and will be construed exclusively in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction. In addition, any claim or dispute arising from or related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction. Any action brought in connection with or relating to your use of the Site or any content made available on or through the Site shall be brought in the state or federal courts located in San Diego, California. By using the Site, you consent to the application of California law as set forth herein, and to the exclusive jurisdiction of the state or federal courts located in San Diego, California, and you waive any claim that any other law or venue is appropriate. The foregoing notwithstanding, if you are enrolled with Ashford University, all disputes, claims or actions are governed by your Enrollment Agreement with Ashford University.
22. No Waiver. No modification or amendment to nor waiver of any part of these Terms and Conditions shall be of any force or effect unless formally incorporated by Ashford University into these Terms and Conditions, or made in writing and signed by a duly authorized officer of Ashford University.
23. Severability. If any provision of these Terms and Conditions is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions will remain in force.