Last updated June 15, 2015
The following website terms and conditions apply to and govern your access to, and use of, this website as well as any other pages hosted within this domain (collectively this "website"). Please read the following Terms carefully. By visiting or using this website, you are indicating that you agree to and accept all of the Terms set forth below. These Terms constitute a binding legal agreement between you and Brown Mackie College (together with its parent, subsidiaries, officers, directors, and affiliates as the "Company" or "we"). If you do not agree to these terms, you may not access this website or any of the services offered through the website and must immediately navigate away from the website.
By using this, you also acknowledge that the Company may revise these Terms from time to time without providing notice to you; such revisions will only appear on this website. Your continued use of this website after we have revised these Terms will indicate that you accept them as revised. Accordingly, you should review these terms regularly.
The Company, through itself and its licensors, provides a collection of online resources and services subject to the terms set forth herein (these "Terms). By accessing or using this website in any way, you are agreeing to comply with these Terms. In addition, when using particular resources or services provided by the Company, you agree to abide by any customized terms customized for such resources or services, which may be revised from time to time. Should you object to any of these Terms, any guidelines posted on this website, or any subsequent modifications hereto, or if you become dissatisfied with this website in any way, you must immediately discontinue use of this website. The Company has the right, but is not obligated, to strictly enforce these terms through self-help, community moderation, active investigation, litigation, and prosecution. The Company's failure to insist upon or enforce strict performance of any of these Terms shall not be construed as a waiver of any such term or any right contained therein. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
Grant of Rights; Limitations on Use.
a. Subject to these Terms, the Company grants you a limited, revocable, non-transferable, non-exclusive, right to access this website only for noncommercial purposes.
All rights not specifically granted by these Terms are expressly reserved for the Company and/or third parties, including the licensors of the Company. This is a license, not a sale. Nothing in this Agreement shall be construed to transfer any ownership rights in this website, any of its components, or any other intellectual property or other property owned by the Company to you.
You understand that all text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from this website, are the sole responsibility of the person from whom such Content originated. More specifically, you are solely responsible for all Content that you post, email or otherwise make available via this website or any of the resources or services provided by this website. You understand that the Company does not control, and is not responsible for Content made available through this website, and that by using the website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, this website and the Content available through this website may contain links to other websites, which are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. your use of links to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this website or any of the resources or services provided by this website. You acknowledge that the Company may not pre-screen or approve Content, but that it reserves the right to do so, including the full right (but not the obligation), in its sole discretion, to refuse, delete, or move any Content that is available via this website for any reason whatsoever.
You agree not to post, email, or otherwise make available Content: (a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (b) that is pornographic or obscene; (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on any basis, including, but not limited to, religion, gender, sexual orientation, race, ethnicity, age, or disability; (d) that impersonates any person or entity, including, but not limited to, an officer, director, employee, or faculty member of the Company or falsely states or otherwise misrepresents your affiliation with a person or entity; (e) that includes personal or identifying information about another person without that person's explicit consent unless expressly requested by the Company (such as a refer-a-friend function); (f) that is false, deceptive, misleading or deceitful; (g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) that constitutes or contains "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisements; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by laws in any jurisdiction; (j) 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; (k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to this website, or that otherwise negatively affects other users' ability to use this website; or (l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through this website.
You understand and agree that any unauthorized use of the Company computer systems is a violation of this Agreement and may violate certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.), Section 502 of the California Penal Code and or other applicable law. Such violations may subject the user and his or her agents to civil and criminal penalties.
The Company reserves the right to assign its rights and/or duties under these terms to any party at any time without any notice to you. All rights not specifically granted to you in these terms are reserved by the Company without limitation.
ANY BREACH OF THE TERMS IN THIS SECTION 2 SHALL IMMEDIATELY TERMINATE YOUR LICENSE UNDER THIS AGREEMENT AND MAY SUBJECT YOU TO ADDITIONAL CLAIMS BY THE COMPANY OR THIRD PARTIES. YOUR LICENSE IS CONDITIONED UPON YOUR COMPLIANCE WITH THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Ownership; Third Party Materials; DCMA Infringement Notice.
You acknowledge and agree that this website and its components may be protected by patents, copyrights, trademarks, service marks, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable intellectual property laws and all other laws applicable to you under this Agreement.
You expressly acknowledge and agree that the Company or third parties working with the Company own and will continue to own all right, title, and interest in and to this website, including all improvements and derivative works based on such materials even if you create or help create such improvements or derivative works. You may not remove or alter any logos, copyright notices, trademark registration notices, patent numbers, or other proprietary notice, legends, or symbols included on any portion of this website.
The Company grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture or other forms of intellectual property depicted on this website. You must satisfy yourself that all the necessary rights, consents, or permissions regarding any of the above have been obtained prior to your use of them in any context. You acknowledge that some jurisdictions provide legal protection against a person's image, likeness, or property being used for commercial purposes without their consent. The Company does not warrant the legality of this website, the resources or services it provides, or the user-generated content which may appear on it in any way.
If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com or:
Education Management LLC Attn: Law Department 210 Sixth Avenue, 33rd Floor Pittsburgh, PA 15222
Please provide the Agent with a Notice including the following information:
- A statement identifying the material you claim infringes on your intellectual property rights with enough detail so that the Company may locate it;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property's owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
- If applicable, the Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Termination; Modification of this Website.
You acknowledge and agree that the Company makes this website available to you at its sole discretion, and that the Company may terminate your access at any time for any reason in its sole discretion. You further acknowledge and agree that the Company has no obligation to provide you with this website or any of the materials made available through this website.
You agree that the Company may change, modify, or otherwise alter the materials provided to you, including changing this website or other access point or any other modifications that the Company deems necessary in its sole discretion.
The Company reserves the right to terminate this Agreement for any reason, including your failure to comply with any provision of this Agreement. Upon termination for any reason, you must immediately cease using and delete this website and all materials obtained through this website as well as and destroy all non-electronic copies of materials obtained through this website.
Disclaimer of Warranties; Limitation of Liability; Indemnity.
THE COMPANY, INCLUDING ITS AGENTS, CONTRACTORS, EMPLOYEES, OFFICERS AND DIRECTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE AND ANY MATERIALS ACCESSED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DISCLAIMING ANY WARRANTIES (EXPRESS OR IMPLIED) OF ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF SUCH MATERIALS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IF THIS WEBSITE PROVES DEFECTIVE IN ANY WAY, YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF DAMAGES OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE BY YOU OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS PROVIDED THROUGH THIS WEBSITE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF PROFITS, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR VIOLATION OF THESE TERMS, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY LAWS OR RIGHTS OF ANOTHER.
Governing Law; Disputes. This Agreement and the relationship between you and the Company shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Any disputes arising from these Terms shall be heard in a state or federal court in Allegheny County, Pennsylvania, and you expressly consent to personal jurisdiction and venue in those courts and thereby agree to waive any challenges to personal jurisdiction and venue in those courts. In the event of any dispute arising out of the subject matter of these Terms, the Company shall be entitled to recover, in addition to any other damages assessed or relief afforded, its reasonable attorneys' fees and litigation costs as may be incurred in litigating or otherwise settling or resolving any such dispute hereunder.
Assignment. You may not assign or transfer this Agreement without the prior written consent of the Company.
No Waiver; Severability. The failure of the Company to exercise or enforce any of these Terms shall not constitute a waiver of any right or provision provided by that term. If any of these Terms 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 Terms remain in full force and effect.
Entire Agreement; Modification. This Agreement contains all the terms of the agreement between you and the Company concerning this website and shall supersede any agreements, written or oral, regarding this website. This Agreement, however, shall supplement any other agreements you have with the Company governing other matters. In the event of conflict between this Agreement and any other agreement you have with Education Management Corporation, its subsidiaries or its affiliates, the terms of this Agreement shall control for all matters relating to this website. The Company shall have the right to modify the terms of this Agreement at any time, and such modifications will be deemed effective when posted on this website. By accessing this website after any changes become effective, you agree to be bound by any such modifications.
Questions.Should you have any questions or concerns regarding this Agreement or any other matter relating to your license to use this website, please contact the Company at firstname.lastname@example.org.
Time Limit on Claims.You agree that any claim you may have arising out of or related to this Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Survival. Sections 3 through 6 of this Agreement will survive any termination of this Agreement.
Electronic Communications. By communicating with us electronically through this website, you consent to receive return communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Additional terms applicable to student and faculty portal users.
In addition to the foregoing terms and conditions, the following terms shall also apply to users of any student and faculty portal sites that link to these terms.
As a courtesy and benefit for our students, the Company has arranged for Microsoft® to make its Microsoft Office 365® suite of software services and a certain amount of cloud storage services available to our current students without charge. (There may be charges if a student chooses to continue to use the services if not a current student or if the student elects to purchase additional services from Microsoft). Provision of these services may be modified or terminated at any time with or without notice. In addition, users that are no longer current students or users that violate the terms and conditions of use for the service could have their access to the service terminated at any time.
You understand and agree that the Company or its representatives may access and retain information that you store using the service for maintenance and support purposes or if required to do so by law or legal process or if we have a reasonable good faith belief that doing so may be necessary to protect lives or property.
You are under no obligation to use this complimentary service. If, however, you elect to use the service, you must agree to the terms and conditions imposed by Microsoft. You further understand and agree that the Company is not responsible for the safeguarding or preservation of any data you may store using the service. You should periodically back up any data you may store in the service using an alternate backup source. You also should refrain from storing sensitive personal information such as Social Security Numbers, driver’s license numbers, health information, or bank account or credit card numbers using the service.
Company provided student Microsoft Office 365® accounts including data, email and files are deleted when a student has been in an inactive status with the school for a period of six months.
Six months after graduation, Microsoft Office 365® accounts will be transitioned to an 'Alumni email' only account. These Alumni accounts will no longer have access to any Microsoft Office 365® services outside of email. Alumni accounts will be deleted after 6 months of inactivity on the Microsoft Office 365® account.