End User License Agreement


1. Acceptance of Terms

Aspen University ("Aspen", "We" or "Our") provides access to our website located at www.Aspen.edu (the “Site”) subject to acceptance of this End User License Agreement (“Agreement” or “EULA”). Any person accessing, browsing, framing, using and/or linking to the Site shall be deemed a user (“User”, “You” or “Your”).

BY USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, WHICH CONSTITUTES A VALID, ELECTRONIC AGREEMENT ENFORCEABLE AGAINST YOU FOR YOUR USE OF THE SITE, AND WHICH FULLY INCORPORATES BY REFERENCE: (A) THE PRIVACY POLICY, (B) THE FERPA POLICY, AND (C) ALL OTHER POLICIES AND GUIDELINES REFERENCED ON THE SITE.

THE SITE IS ONLY AVAILABLE TO INDIVIDUALS EIGHTEEN (18) YEARS OF AGE OR OLDER.

If you do not meet the requirements above or do not agree to the terms, conditions, policies and guidelines of this EULA (collectively, "Terms and Conditions"), you are not authorized to access the Site.

2. Modification of Terms and Conditions

We reserve the right, in our sole discretion, to change, update, and supplement or otherwise modify (collectively, "Changes") the Terms and Conditions of this EULA at any time for any reason. You should check this Site regularly to determine if any Changes have been made to the Terms and Conditions of this EULA. You agree that your continued use of the Site following the posting of any Changes to the Terms and Conditions of this EULA (including all rules, policies and guidelines incorporated herein) indicates your acceptance of those Changes.

3. Grant of Limited License.

Subject to your compliance with the Terms and Conditions of this EULA, we grant to you a non-exclusive, non-transferable, non-sublicenseable, revocable, limited license, to use the Site solely for personal, non-commercial purposes. You understand that we, in our sole discretion, may make Changes to the Site at any time, or modify, suspend or terminate any license hereunder at any time and for any reason.

4. Risk; Internet Use.

You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by a third party and that all of the risk associated with these activities with these activities is solely yours.

5. Downloading Materials From the Site

You understand that Aspen cannot and does not guarantee or warrant that materials available for downloading from the Site, including links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

6. Ownership of Intellectual Property

You acknowledge that the contents of the Site, such as text, data, articles, graphics, logos, audio clips, video, music, photographs, software, trademarks and other information (the “Proprietary Content”) is, unless otherwise noted, the property of Aspen, its affiliates or partners. The Proprietary Content is protected by applicable federal, state and international copyright, trademark, patent and trade secret laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial use. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Aspen. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works of any of the Proprietary Content. You may not make any unauthorized copies of any Proprietary Content.

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by Aspen of the trademark owner, or vice-versa, or that such trademark owner has authorized Aspen to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or any Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Aspen.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Aspen or any third party.

7. No Endorsement of Third Party Content or Links to Other Websites.

Aspen has no responsibility for and does not endorse or control any content provided on through the Site by a third party. You understand and agree that by accessing and using the Site, you may be exposed to content that you deem offensive, indecent or objectionable. By using this Site you agree to assume and accept all risks associated with such content, including any reliance on the accuracy or completeness of such content.

Any links to other websites are provided merely as a convenience to the Users of this Site. Aspen has not reviewed all of these other websites, has no responsibility for the content of such other sites. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

Aspen shall not be liable for any damages or injury arising from any such third party content or other websites, and does not endorse or make any representations about third party content or other websites, any information or other products or materials found there, or any results that may be obtained therefrom.

8. User Feedback and Ideas.

Should any User respond to Aspen or any of its employees, agents, professors or others through the Site, via email or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, ideas, suggestions, or the like regarding the Site, the content delivered through the Site, projects developed by or coordinated with Aspen’s staff, or any other products or services provided by Aspen, such information shall be deemed to be non-confidential and Aspen shall have no obligation of any kind with respect to such information. Aspen shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

9. Privacy.

You hereby voluntarily consent to Aspen’s access, use and collection of the information you provide through the Services, in accordance with Aspen's Privacy Policy. The Privacy Policy is incorporated into and made a part of this EULA, and you understand, acknowledge and agree that Aspen’s use of your data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights. For more information about Aspen's Privacy Policy please visit Privacy Policy.

10. Acceptable and Lawful Use of the Site.

Any information provided to Aspen in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Aspen or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Aspen or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited email, also called SPAM.

11. Registration; Your Account Obligations; News Letter.

Certain sections of the Site may require that you register by providing particular information including a user name and password. In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.

You are responsible for maintaining the confidentiality of your user name and password (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Aspen shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information

When you register for an account, you agree to receive an email newsletter from Aspen. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions provided in the email newsletter.

12. Indemnification.

You agree to indemnify, defend and hold harmless Aspen, its parents, affiliates and subsidiary companies, and each of their officers, directors, employees, consultants and agents from any and all third party claims, liabilities, actions, judgments, losses, damages and/or costs (including, but not limited to, attorneys fees) of any kind or nature, arising from, relating to or in connection with (i) your use of the Site, (ii) your violation of the terms and conditions of this EULA, (iii) your use of products, services or information provided through the Site, and/or (iv) your infringement or the infringement by any other user through your account of any intellectual property rights or other moral, privacy, publicity or similar rights of any person or entity. Aspen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying Aspen, and you agree to cooperate with Aspen in asserting any available defenses.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, PERFORMANCE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.

WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, ASPEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND: (A) AS TO SERVICES AND/OR CONTENT PROVIDED BY SPONSORS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE SITE; (B) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, ACCESSIBILITY, RELIABILITY OF THE SITE OR THE CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE; (C) THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (D) THAT ERRORS OR DEFECTS RELATED TO THE ACCESS AND/OR USE OF THE SITE WILL BE CORRECTED.

The above exclusions may not apply in certain jurisdictions that do not allow the exclusion of certain implied warranties. In such jurisdictions, all representations and warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.

14. Termination

We may suspend or terminate your access to the Site or your account, or cease offering any content or services to you, at any time, with or without notice and for any reason, in our sole discretion. Upon such termination, cancellation or suspension, you agree to cease all access and use of the Site or your account, as applicable.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ASPEN , ITS PARENTS, SUBSIDIARIES OR AFFILIATES OR EACH OF THEIR OFFICERS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY", COLLECTIVELY, "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST INFORMATION, LOST ASSETS, LOST BUSINESS OR OPPORTUNITY(S), LOST GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THIS AGREEMENT OR TO YOUR ACCESS AND USE OR INABILITY TO ACCESS OR USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE PROTECTED PARTIES HAVE ANY CUMULATIVE LIABILITY UNDER THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ASPEN’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. System Outages.

Aspen periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Aspen shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

17. Governing Law; Exclusive Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.

Any action brought by either party against the other concerning the Site, any content or services provided through the Site, and/or terms and conditions of this EULA, shall be brought only in the state or federal courts of the United States, State of Colorado and venue shall be in the County of Denver. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. Provided, however, to the extent you have in any manner violated or threatened to violate any Proprietary Content, Aspen may immediately seek injunctive or other equitable or legally appropriate relief in any court of competent jurisdiction in the U.S. and you irrevocably consent to jurisdiction and venue in such court.

18. Miscellaneous

This EULA, as modified by the Changes from time to time, including Aspen’s Privacy Policy, FERPA Policy, and other guidelines and policies incorporated herein by reference, set forth the entire understanding and agreement between you and Aspen with respect to the subject matter addressed herein and governs your access and use of the Site, superseding any prior agreements between you and Aspen and/or its affiliates and/or related entities concerning such subject matter.

You are expressly prohibited from unilaterally modifying this EULA and/or assigning any of your rights or delegating any of your obligations under this EULA. Any purported modification or assignment will be null and void.

If any provision of this EULA is found by a court of competent jurisdiction to be invalid or unenforceable, you and Aspen agree that the court should endeavor to give effect to the intentions as reflected in the provision, and that the other provisions of this EULA will remain in full force and effect.

All provisions of this EULA that, by their nature or content, are intended to survive expiration, cancellation or termination of this EULA shall so survive.

The section headings used in this EULA are for convenience only and have no legal or contractual effect.

If any Terms and Conditions of this EULA conflict with the terms and conditions contained in any offer or elsewhere on the Site, the Terms and Conditions of this EULA shall control.

These terms and conditions and all documents relating hereto have been drafted and will be interpreted in English.

The rights and remedies granted to Aspen under this EULA are cumulative and in addition to, not in lieu of, any other rights and remedies which Aspen may possess at law or in equity.

Aspen makes no representations that materials at this Site are appropriate or available for use at other locations outside of the U.S. and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the content accessed on or through the Site in violation of U.S. export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the access and use of the Site or to Aspen's Privacy Policy must be filed within one (1) year after such claim or cause of action arose or it is forever barred.

19. Questions? Contact Us

If you have any questions about the EULA or your dealings with the Site, please do not hesitate to contact us at:

Aspen University
720 South Colorado Boulevard
Suite 1150N
Denver, Colorado 80246
questions@aspen.edu