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eCreateyourself.net Web Site
Terms of Use
Aspen University ("Aspen") provides the ecreateyourself.net
World Wide Web site (the "Site") for your educational
and informational purposes. Your access to and use of our
Site, including registration and/or access to Aspen University
courses, is subject to the following terms and conditions
and all applicable laws. By accessing the Site, you agree
to these Terms and Conditions of Use.
Conduct
You agree to access and use the Site only for lawful purposes.
You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations pertaining
to your use of the Site, including any Aspen classroom or
Aspen interactive or collaborative areas. By accessing the
Site, you agree that you will not: (i) use the Site to commit
a criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or
otherwise violate any local, state, federal or international
law or regulation, including, but not limited to, export
control laws and regulations; (ii) post or transmit any
unlawful, threatening, libelous, harassing, defamatory,
vulgar, obscene, pornographic, profane, or otherwise objectionable
content or content that is either prohibited by law or pursuant
to these Terms and Conditions of Use; (iii) use the Site
to impersonate Aspen personnel or other parties or entities;
(iv) use the Site to cause the distribution of any content
that contains a software virus, worm, time bomb, "trojan
horse" or any other computer code, files or programs
that may alter, damage or interrupt the functionality of
the Site or the hardware, software, programs or content
of any other person, entity or organization, whether or
not such other person, entity or organization uses the Site
or is a direct target of your actions; (v) upload, post,
e-mail or otherwise transmit any materials that you do not
have a right to transmit under any law or under a contractual
or fiduciary relationship (e.g., inside information, proprietary
and confidential information learned or disclosed as part
of an employment relationship or under a non-disclosure
agreement); (vi) alter, damage or delete any content or
other communications that are not your own; (vii) disrupt
the normal flow of communication in any Aspen classroom
or Aspen interactive or collaborative areas; (viii) claim
a relationship with or to speak for any business, association,
institution or other organization for which you are not
authorized to claim such a relationship or speak; (ix) post
or transmit any advertising, promotional materials, or other
forms of solicitation to other users; (x) post any material
that infringes or violates the intellectual property rights
of another; or (xi) collect or store personal information
about other users.
Privacy
Your privacy and the privacy of others are important to
Aspen. We believe that a vibrant learning community depends
on maintaining a trusted user environment. As such, Aspen
is committed to providing a clear and specific description
of its policies to protect the privacy of its users. Any
material changes to our policy will be reflected on this
page.
As part of the Application and Enrollment process Aspen
University collects personal information that you provide
when using the Aspen.edu web site ("Site"). This
information includes, but may not be limited to your name,
address, email address, phone numbers, place of employment,
and education history. You can browse this Site without
providing this information, but you
will need to provide your information when applying to a
program or enrolling in a course.
When and With Whom We Share Your Personal Information
We never sell or rent your personal information to any
third parties under any circumstances. We will share personal
customer information only with our agents, representatives,
service providers, and faculty for limited purposes, including
the processing of your application and enrollments and verifying
your information for the application process.
Termination
Aspen, in its sole discretion, may terminate or suspend
your access to and use of the Site without notice and for
any reason. Aspen may discontinue operating the Site and
terminate these Terms and Conditions of Use without notice
at any time for any reason in its sole discretion.
Links
Some links on the Site and in Aspen's courses lead to sites
posted by independent site owners. Aspen does not review
independent sites or control their content, but merely provide
these links to users for their convenience. These links
are not an endorsement of products, services, or information
provided by such sites. Aspen is not responsible for the
accuracy, operation, quality or reliability of these sites
or any products and services offered thereon. In no event
shall Aspen be liable to any person or entity, either directly
or indirectly, with respect to any materials from third
parties accessed through the Site. You assume total responsibility
and risk for your use of any third-party web site and the
Internet generally. Aspen disclaims any and all responsibility
for content contained in any third-party materials provided
through links from the Site. Further, the inclusion of these
links to other sites does not imply that the other sites
have given permission for inclusion of these links, or that
there is any relationship between Aspen and the linked sites.
Nor do the owners of the linked sites endorse any of our
courses or Aspen University. Aspen is an independent operating
company and references to other companies do not imply any
partnership, joint venture, or other legal connection where
Aspen would be responsible for the actions of their respective
owners or operators.
Opinions of Experts, Faculty and Other Students
Our courses and this Site include discussions, conversations
or chats initiated or joined by Aspen University faculty
members, other Aspen University staff or other students
(collectively, "Opinions"). As such, these Opinions
are those of the individual expressing them, and are not
the Opinions or beliefs of Aspen University. No representation
is made that any such Opinions are accurate or complete.
Aspen University and its affiliates will not be responsible
or liable for claims relating to the Opinions, and neither
Aspen University nor its affiliates make any express or implied
representations or warranties as to the accuracy or completeness
of the Opinions, or for statements or errors contained therein,
or omissions from them.
Policy on Spamming
You specifically agree that you will not utilize e-mail
addresses obtained through using Aspen's services or equipment
to transmit the same or substantially similar unsolicited
messages to 10 or more recipients in a single day unless
such message specifically pertains to coursework and is
communication to your teacher, faculty members or other
students.
Login Numbers and Passwords
You are responsible for maintaining the confidentiality
of all your login identification name/numbers, passwords,
and similar information. You must immediately notify Aspen
of any unauthorized use of your registration name/number,
password, or similar information.
Use of Content and Copyrights
Aspen has the right to monitor the content that you provide
by means of the Site, but shall not be obligated to do so.
The contents of the Site and Aspen University courses are
protected by copyright as individual works, collective work
and/or compilations, pursuant to United States and foreign
copyright laws. You agree to abide by all copyright notices
and other restrictions contained in the Site and in the
course materials. Access to, and use of, the Site is solely
for your personal, non-commercial use. You may copy and
download content from the Site solely for your personal,
educational and non-commercial use.
Accessing, using, displaying, performing, distributing,
copying or downloading content from the Site for other than
personal, educational, and non-commercial use is expressly
prohibited without prior written consent of Aspen or the
individual copyright owner identified in any copyright notice.
Indemnification
By accessing the Site, you agree to defend, indemnify, and
hold harmless Aspen, its and their officers, directors,
shareholders, employees, affiliates and agents ("Indemnified
Parties") from and against any and all liabilities
and costs (including, without limitation, reasonable attorneys'
fees and costs) incurred by the Indemnified Parties in connection
with any claim arising from any breach by you of these Terms
and Conditions of Use. You further agree to cooperate as
fully as may be reasonably required in the defense of any
such claim. Aspen reserves the right to assume, at its own
expense, the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent
of Aspen.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SITE, INCLUDING ANY ASPEN CLASSROOM OR ASPEN INTERACTIVE
OR COLLABORATIVE AREAS, IS AT YOUR OWN RISK. NEITHER ASPEN
NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES OR AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE. THE CONTENT
AND FUNCTION OF THE SITE ARE PROVIDED "AS IS,"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET
ENJOYMENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING
CODE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ASPEN SHALL
NOT BE LIABLE FOR ANY INTERRUPTION OF OR ERROR IN PROVIDING
SERVICES UNDER ANY CIRCUMSTANCES OR ANY VIRUSES OR DAMAGING
CODE TRANSMITTED IN CONNECTION WITH THE SITE OR ANY ASPEN
COURSES, INCLUDING, BUT NOT LIMITED TO, ASPEN'S NEGLIGENCE
OR THE NEGLIGENCE OF ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES OR AGENTS. YOU ACKNOWLEDGE THAT DUE
TO THE NATURE OF THE INTERNET, THE SITE MAY NOT BE ACCESSIBLE
AT ALL TIMES AND THAT INFORMATION TRANSMITTED OVER THE INTERNET
MAY BE SUBJECT TO THIRD PARTY INTERCEPTION AND MODIFICATION.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES, IN SUCH STATES THE PRECEDING EXCLUSIONS
AND LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL ASPEN UNIVERSITY OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ASPEN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES ASPEN UNIVERSITY'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED.
Modification of these Terms and Conditions of Use
Aspen University maintains the right to modify these Terms
and Conditions of Use at any time and may do so by posting
notice of such modifications on this page. Any modification
is effective immediately upon posting the modification on
the relevant Site. Your continued use of the Site following
the posting of any modification signifies your acceptance
of such modification and your willingness to be bound by
the Terms and Conditions of Use as modified. Thus, you will
be bound by such revisions and should periodically visit
this page to review the current Terms and Conditions of
Use.
General
By using the Site, you agree to these Terms and Conditions
of Use. In any action to enforce these Terms and Conditions
of Use, the prevailing party will be entitled to costs and
reasonable attorney fees. In the event that any provisions
of these Terms and Conditions of Use are held to be unenforceable,
such provisions shall be limited or eliminated to the minimum
extent necessary so that these Terms and Conditions of Use
shall otherwise remain in full force and effect. These Terms
and Conditions of Use, together with the agreements entered
into in connection with taking a course, constitute the
entire understanding between the parties pertaining to use
of the Site, and any prior written or oral agreements between
the parties are expressly canceled.
Contacting the Web Site
If you have any questions about these Terms and Conditions
of Use, the practices of the Site, or your dealings with
the Site, please contact:
Aspen Webmaster
c/o Aspen University
501 South Cherry Street
Suite 350
Denver, Co
80246
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