Terms of Use

Terms of Use

These terms and conditions of use (these Terms of Use) apply to your use of this website (the “Site”). The terms “The College”, “we”, “our” or “us” means The American College of Financial Services and its affiliates, and their officers, directors, managing directors, partners, and employees.

Please read these Terms of Use and The College’s privacy policy (the “Privacy Policy”) carefully before you start to use the Site. Your use of the Site is subject to these Terms of Use and the Privacy Policy.  If you do not agree with our Terms of Use or Privacy Policy, you should not use the Site.  By accessing or using the Site, you accept and agree to be bound by and comply with these Terms of Use and the Privacy Policy.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time.  Please review these Terms of Use periodically for revisions and updates.  All changes to these Terms of Use are effective immediately when we post the revised Terms of Use on the Site.  Your continued use of the Site after we post revised Terms of Use is deemed to be acceptance of the changes.

Accessing the Site and Account Security

We reserve the right to remove or change the Site, and any service or material we provide on the Site, in our sole discretion without notice.  The College is not liable for any unavailability of all or part of the Site at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site.

In using the Site, you are responsible for making all arrangements necessary, including with third-party internet service providers, to access the Site.  You are responsible for ensuring that all persons who access the Site via your internet connection are aware of these Terms of Use and comply with them.

To access portions of the Site and/or some of the resources it offers, you may be asked to provide registration information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all registration information you provide on this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures (collectively, “Login Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your Login Credentials. You agree to notify us immediately of any unauthorized access to or use of your Login Credentials or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Content and Information Made Available Through this Site

The Site and all content and information, including all trademarks, logos, copyrights and other intellectual property therein, displayed on the Site (collectively, “Information”) is owned by The College, its licensors and/or other third-party information providers, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Unless expressly permitted by us in writing, you are only permitted to view, bookmark and print the Information for your own nonpublic and noncommercial use. You are not permitted to copy, publish, transmit, or otherwise reproduce the Information, in whole or in part, in any format to any third party without the express written consent of The College. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the Information. The College reserves the right, at any time to add, modify, or remove any of the Information. These Terms of Use are not intended to, and will not, transfer or grant any rights in or to the Information other than those that are specifically described herein, and all rights not expressly granted herein are reserved by The College or the third-party providers from whom The College has obtained the Information. You are required to read and abide by any additional Terms of Use that may be posted on this service from time to time concerning Information obtained from specific third-party providers. Such third-party providers shall have no liability to you for monetary damages on account of the Information provided to you via this Site.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site in violation of any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).  Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

No Warranties Made as to Content and Security; No Responsibility to Update

THE COLLEGE MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SITE, THE INFORMATION OR OUR SERVICES. THE SITE AND THE INFORMATION PROVIDED BY US, OUR AFFILIATES AND OUR THIRD-PARTY PROVIDERS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK.

THE COLLEGE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY FOR THE USE OF THE INFORMATION WITH RESPECT TO ITS CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY. WITHOUT LIMITING THE FOREGOING, THE COLLEGE DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COLLEGE MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THIS SITE.

THE COLLEGE DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAKING AND MAINTAINING BACKUPS OF ALL INFORMATION AND DATA SUBMITTED TO THE SITE.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE OR ON ANY WEBSITE LINKED TO IT.

NEITHER THE COLLEGE NOR ANY OF ITS THIRD PARTY PROVIDERS SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION MADE AVAILABLE ON THE SITE TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.  AVAILABILITY OF THE SITE AND THE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

No Liability for Content; No Liability Arising From Use

THE COLLEGE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS SITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE COLLEGE AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY THE COLLEGE OR A THIRD PARTY SERVICE PROVIDER.  IN NO EVENT WILL THE COLLEGE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED OR EXPERIENCED IN CONNECTION WITH USE OF THE SITE OR THE INFORMATION MADE AVAILABLE ON THE SITE, EVEN IF THE COLLEGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Non-confidentiality of Submissions

Notwithstanding the Student Educational Records Policy, all information you submit to the Site (including any communication sent to The College) is and will be deemed to be non-confidential as between you and us, and The College will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

No Representations Made as to Other Sites or Links

The Site may provide links to certain Internet sites (the “Linked Sites”) sponsored and maintained by third parties. The College is providing such links solely as a convenience to you. ACCORDINGLY, THE COLLEGE MAKES NO REPRESENTATIONS CONCERNING THE CONTENT OF THE LINKED SITES. The fact that The College has provided a link to the Linked Site does not constitute an endorsement, authorization, sponsorship, or affiliation by The College with respect to the Linked Site, its owners, or its providers. The College has no control over such Linked Sites and claims no responsibility with respect to such Linked Sites.

Indemnification

You agree to defend, indemnify and hold harmless The College, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of the Site, including providing data or information to the Site, that is attributable to you, in whole or part.

Termination

We reserve the right to terminate your rights to use the Site at any time and for any reason, without notice to you.

Governing Law and Forum

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the [Commonwealth of Pennsylvania] without reference to its choice or conflict of law rules.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the [Commonwealth of Pennsylvania]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Correspondence

All correspondence can be sent to: 270 S. Bryn Mawr Avenue, Bryn Mawr, PA 19010.

Waiver and Severability

No waiver by The College of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The College to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The College with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Construction and Interpretation

The section headings in these Terms of Use are for reference only and shall not affect the meaning or interpretation of the Terms of Use.  Unless the context requires otherwise: (i) words of any gender include the other gender; (ii) words using the singular or plural number also include the plural or singular number; (iii) the words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.”

 

Last updated 11/28/2016