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All rights reserved. No part of the material protected by this copyright may be reproduced, or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, broadcasting or by any other information storage and retrieval system, without permission in writing from Penn Foster, Inc.
All other trademarks referenced are the trademark, service mark or registered trademark of their respective holders.
Terms of Service
1. Acceptance of Terms
Penn Foster welcomes you to the student website. Please read these Terms of Service (herein referred to as "TOS") carefully before accessing or participating in any chat room, news group, electronic bulletin board, mailing list, website, or other electronic transaction, forum, or media available at Penn Foster (herein referred to as "Service" or "Services"). By continuing to use this Service, you signify that you have read the TOS and agree to be bound by and comply with them.
2. Rules of Conduct
Penn Foster expects users to behave properly when using any Service provided under the TOS. A user of the Service engaging in any illegal, inappropriate behavior, or offensive behavior shall be in violation of the TOS and may result in disciplinary action, including academic expulsion. Such conduct, activity, or behavior may include, but not limited to:
- Cheating: Engaging or assisting in "Cheating" as defined in the Penn Foster Student Handbook;
- Plagiarism: Engaging or assisting in "Plagiarism" as defined in the Penn Foster Student Handbook;
- Unlawful or harmful: Uploading, posting, emailing, transmitting, or otherwise making available any message content that is unlawful or harmful including, but not limited to, message content that is illegal, threatening, abusive, harassing, tortious, defamatory, discriminatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another's privacy, hateful, etc.;
- Solicitation or Advertising: Uploading, posting, emailing, transmitting, or otherwise make available any message content that is unsolicited or unauthorized including, but not limited to, message content containing advertising, promotional materials, junk-mail, spam, chain letters, pyramid schemes, etc.;
- Viruses: Uploading, posting, emailing, transmitting, or otherwise making available any message content containing software viruses or any other computer code, file, or program designed or used to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment.
3. Message Content
From time to time you may upload, post, email, transmit, or otherwise make available message content through Services covered under the TOS. You acknowledge, consent, and agree to the following pertaining to the message content:
- Student Responsibility: You, not Penn Foster, are responsible for all message content that you, your agent, associate, or affiliate makes available using the Service. Under no circumstances will Penn Foster be liable in any way for any message content including, but not limited to, any errors or omissions in any message content; or any loss or damage of any kind incurred as a result of the use of any message content posted, emailed, transmitted, or otherwise made available under the Service;
- Penn Foster's Right to Access Message Content: You acknowledge, consent, and agree that Penn Foster may access, preserve, and disclose your message content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the "TOS;" (c) respond to claims that any message content violates the rights of third parties; (d) respond to your request for customer services; or (e) protect the rights or property of Penn Foster;
- Penn Foster's Right to use Message Content: You grant Penn Foster a royalty-free and non-exclusive license to review any message content you, your agent, associate, or affiliate may upload, post, email, transmit, or otherwise make available.
4. Permission To Use Material
In consideration for your agreement to the terms and conditions contained in the TOS, Penn Foster grants you a personal, non-exclusive, non-transferable license to access and use the Service. You may download material from the Service only for personal and non-commercial use. You shall not copy, reproduce, retransmit, distribute, publish, exploit, or otherwise transfer any material relating to the Service.
5. User's Account, Password, and Security
You are responsible to maintain the confidentiality of your Service password and account information. You are responsible for all activities occurring under your Service password and account. You agree to notify Penn Foster immediately of any unauthorized use of your Service password or account information.
6. Modification / Termination of Service
Penn Foster reserves the right to modify, suspend, discontinue, or terminate the Service at any time with or without notice. Any modification, suspension, discontinuance, or termination of Service does not preclude you from meeting all obligations set forth in your Penn Foster Student Enrollment Form.
The Service may provide links to other Internet sites or resources. You acknowledge and agree that Penn Foster is not responsible for the availability of such sites or resources; not responsible for message content posted, advertised, or available on such sites or resources; and not responsible for any damage or loss caused in connection with such sites or resources.
You agree to indemnify and hold harmless Penn Foster from any claims, loss, or damages, including legal fees, resulting from your violation of the TOS. You also agree to fully cooperate in Penn Foster's defense against any such claim.
9. Entire Agreement
These terms and conditions constitute the entire agreement between you and Penn Foster with respect to the Services contained herein. You further agree that the terms and conditions herein supersede any and all prior or contemporaneous oral and written agreement concerning these Services. You also agree that these terms and conditions are separate from terms or conditions that may apply to other Penn Foster goods or services.
10. Choice of Law / Forum Selection
You agree that any dispute or legal action commencing or arising out of the TOS as they relate to Penn Foster shall be governed by the laws of Pennsylvania.
11. Waiver and Severability of Terms
The failure of Penn Foster 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.
12. Statute of Limitations
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 shall be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Disclaimer of Warranty / Limitations of Liability
THE "SERVICES" PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Penn Foster does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy, or completeness of any Service under this TOS. Penn Foster does not warrant that any Service under this TOS will operate in an uninterrupted or error-free manner in that the Service is free of viruses or other harmful components. Use of information obtained from or through the Service is at your own risk.
YOU AGREE THAT PENN FOSTER WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATING TO THE "TOS;" TO YOUR USE OR INABILITY TO USE A SERVICE; TO YOUR PLACEMENT OF MESSAGE CONTENT ON THE SERVICE; TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE.