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- ACCEPTANCE OF TERMS
Welcome to CyberU, the vertical educational portal owned and operated by CyberU,
Inc. ("CyberU"). CyberU provides its service to you subject to the following
terms of service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at the Terms of Use page. In addition, when using particular CyberU services,
you and CyberU shall be subject to any posted guidelines or rules applicable
to such services that may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS. CyberU also may
offer other services from time to time that are governed by different Terms
of Services.
- DESCRIPTION OF SERVICE
CyberU currently provides users with access to a rich collection of on-line
courses, certficate programs and degree programs as well as on-line resources,
including, various communications tools, message boards, shopping services,
and branded programming (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new CyberU properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that CyberU assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings.
- REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service registration form (such information being the Registration
Data) and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or CyberU has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, CyberU has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof).
- CYBERU PRIVACY POLICY
Any information you provide to CyberU about you is subject to our privacy
policy. For more information, please see our full
privacy policy .
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify
CyberU of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of
each session. CyberU cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not CyberU, are
entirely responsible for all Content that you upload, post, e-mail or otherwise
transmit via the Service. CyberU does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will CyberU be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, e-mailed
or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, e-mail or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a CyberU official, forum leader, tutor, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person
or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the
Service;
- upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
- upload, post, 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;
- disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any
applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that CyberU does not pre-screen Content, but that CyberU
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, CyberU and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by CyberU or submitted to CyberU, including
without limitation information in the Service.
You acknowledge and agree that CyberU may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of CyberU, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
- PUBLIC CONTENT POSTED TO CYBERU
- For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public.
- With respect to Content you elect to post for inclusion in publicly
accessible areas of CyberU's website or that consists of photos
or other graphics you elect to post to any other publicly accessible area
of the Service, you grant CyberU the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the Service
solely for the purpose of displaying, distributing and promoting the specific
CyberU Service to which such Content was submitted, or, in the case of
photos or graphics, solely for the purpose for which such photo or graphic
was submitted to the Service. This license exists only for as long as
you elect to continue to include such Content on the Service and shall
be terminated at the time you delete such Content from the Service.
- With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant CyberU the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
- INDEMNITY
You agree to indemnify and hold CyberU, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CyberU may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that e-mail messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of e-mail messages that may
be sent from or received by an account on the Service, the maximum size of
any e-mail message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on CyberU's servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You agree
that CyberU has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that CyberU reserves the right
to log off accounts that are inactive for an extended period of time. You
further acknowledge that CyberU reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
- MODIFICATIONS TO SERVICE
CyberU reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that CyberU shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
- TERMINATION
You agree that CyberU, in its sole discretion, may terminate your use of the
Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if CyberU believes that
you have violated or acted inconsistently with the letter or spirit of the
TOS. CyberU may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that CyberU
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the
Service. Further, you agree that CyberU shall not be liable to you or any
third-party for any termination of your access to the Service.
- DEALINGS WITH THIRD PARTY COURSE PROVIDERS, ADVERTISERS
AND SPONSORS
Your correspondence or business dealings with, or participation in promotions
of, course providers, advertisers and sponsors found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third parties. You agree that CyberU shall
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such third
parties on the Service.
- LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because CyberU has no control over such sites
and resources, you acknowledge and agree that CyberU is not responsible for
the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that CyberU 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 such Content, goods or services
available on or through any such site or resource.
- CYBERU'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by CyberU or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
CyberU grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by CyberU for use in accessing the
Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBERU EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- CYBERU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, (v) A COURSE TAKEN THROUGH CYBERU WILL BE HONORED
BY OTHER EDUCATIONAL INSTITUTIONS FOR CREDIT OR OTHERWISE, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CYBERU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
- THE CONTENT ON THE CYBERU SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL
IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT
IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE.
ALWAYS SEEK THE ADVICE OF A PROFESSIONAL WITH QUESTIONS REQUIRING A PROFESSIONAL
ANSWER. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH
CYBERU OR THE CYBERU SITE IS INTENDED TO BE RELIED ON FOR PROFESSIONAL
ADVICE. NEVER DISREGARD MEDICAL, LEGAL OR OTHER PROFESSIONAL ADVICE OR
DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE CYBERU SITE!
CyberU does not recommend or endorse any specific test, products, or procedures
that may be mentioned on the Site. Any opinions expressed on the Site
are the opinions of the authors. CyberU does not assume any liability
for the contents of any material provided on the Site. Reliance on any
information provided by CyberU, its experts, or other visitors to the
Site is solely at your own risk. CyberU and its experts assume no liability
or responsibility for damage or injury to persons or property arising
from any use of any product, information, idea, or instruction contained
in the materials provided to you. CyberU reserves the right to change
or discontinue at any time any aspect or feature of this Site.
- INFORMATION CONTAINED ON THE CYBERU SITE MAY
CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY
BE CHANGED OR UPDATED WITHOUT NOTICE.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYBERU SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CYBERU HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
- 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 OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
- NOTICE
Notices be made via either e-mail or regular mail. The Service may also provide
notice of changes to the TOS or other matters by displaying links or notices
to you generally on the Service.
- TRADEMARK INFORMATION
CyberU, the CyberU logo, CyberU, Inc., Educating the World, and other CyberU
logos, product and service names, and associated domain names are trademarks
of CyberU, Inc., Inc. (the "CyberU Marks"). Without CyberU' prior permission,
you agree not to display or use in any manner, the CyberU Marks.
- COPYRIGHTS and COPYRIGHT AGENTS
CyberU respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide CyberU's Copyright Agent
the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you
claim has been infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
CyberU's Copyright Agent for Notice of claims of copyright infringement
on its site can be reached as follows:
|
By mail: |
Copyright Agent
c/o CyberU
2850 Ocean Park Boulevard, Suite 225
Santa Monica, California 90405 | | By phone: | (310) 581-2005 | | By e-mail: | copyright@cyberu.com |
- REVIEWS AND COMMENTS
CyberU enables visitors to its site to post reviews of and comments on learning
experiences featured on the site. If you post reviews or comments on the site,
you grant CyberU and its affiliates a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display
such reviews and comments throughout the world in any media. You also grant
CyberU and its affiliates and sublicensees the right to use the name that
you submit with any review or comment, if any, in connection with such review
or comment.
- GENERAL INFORMATION
The TOS constitutes the entire agreement between you and CyberU and govern
your use of the Service, superceding any prior agreements between you and
CyberU. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and CyberU shall be governed
by the laws of the State of California without regard to its conflict of law
provisions. You and CyberU agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles, California. The failure
of CyberU to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
- VIOLATIONS
Please report any violations of the TOS to our Customer Support group at
support@cyberu.com
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