Terms of Service
Date of Last Revision: April 8, 2019
Your access to and use of the Online Services is subject to all applicable laws and regulations and to these Terms of Service. By accessing, browsing, commenting, or purchasing services or goods on the Online Services, you agree to be bound, without limitation or qualification, to these Terms of Service, which form a legally binding contract. If you do not agree to these Terms of Service, you may not use the Online Services.
Note: If you are a student, employee, client, or faculty member of APUS, your use of the Online Services is also subject to other APUS policies, which may include faculty, student, or employee handbooks or coreguldes of conduct or other applicable APUS policies.
You should review these Terms of Service regularly as they may change. We reserve the right to update the Terms of Service from time to time by posting a new Terms of Service in the Online Services (e.g., posting on the website or in the settings tab of our mobile applications) and the “date of last revision” at the top of this page will be revised. You should consult the Terms of Service regularly for any changes, and your continued use of the Online Services after such changes have been posted constitutes acceptance of those changes. In addition, for material changes to these Terms of Service, as determined in our sole discretion, we will include a notice on the Online Services that directs users to a copy of the latest Terms of Service for review and/or send a communication to users notifying them of changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Online Services.
Scope of Use
The Online Services provide users with access to certain content and services we make available, including information about our course offerings, interactive features, online education and training opportunities, business, news, and other related topics that may be customized based on the user’s expressed interests, likes and dislikes.
Subject to these Terms of Service, we invite you to view, use and where appropriate, comment on the content available through the Online Services, but in each case solely for your personal, informational, educational and non-commercial purposes. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display, distribute, sell, or lease any text, graphics, images, videos or other content available through the Online Services, or the design and layout of the Online Services (including its “look and feel”), without our prior written consent.
By accessing the Online Services, you agree to abide by all security and safety measures established by APUS or its partners or service providers.
We are regularly changing and improving the Online Services and therefore we may add or remove functionalities or features from time to time.
Software in the Online Services
To the extent that APUS provides you with mobile applications or other software as part of the Online Services, we grant you a limited, personal, non-transferable, non-exclusive license to use the software for your educational and non-commercial purposes, but solely to the extent necessary for you to use and enjoy the benefit of the Online Services in the manner permitted by these Terms of Service. You may not reproduce, modify, display, distribute, sell, or lease any software included as part of the Online Services. All right, title and interest in such software not expressly granted to you in this paragraph are reserved by APUS and its licensors. However, to the extent we license one of our mobile applications or other software applications to you pursuant to a separate end user license agreement, the terms of that end user license agreement shall govern over any inconsistent provisions in this paragraph. Some software used in the Online Services may be offered under an open source license, and in such case, there may be provisions in the open source license that expressly override some of the terms of this paragraph.
Information, News, and Press Releases
The Online Services may contain information, news, and/or press releases about us or others, including cross-references to others’ products or services. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Moreover, any opinions, advice, statements, comments, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of APUS. Any description or reference to non-APUS products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by APUS.
Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and APUS, you must adhere to APUS’s linking policy as follows: (a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with APUS’s name or any APUS trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is endorsed or sponsored by, affiliated with, or associated with APUS, and (c) when selected by a user, the link must display the Online Services on full-screen and not within a “frame” on the linking site.
Rules of Conduct
It is a violation of these Terms of Service for you to:
(a) use the Online Services or Interactive Features for illegal purposes, in violation of any applicable laws or regulations;
(b) reproduce, modify, display, distribute, sell, lease, or exploit for commercial purposes any portion of the Online Services or Interactive Features;
(c) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Online Service, Interactive Feature, or any other APUS content or user information, except as expressly permitted by APUS;
(d) manipulate identifiers, use another’s identification or password without authorization, or otherwise engage in any activities to impersonate or hide a user’s identity or contact information;
(e) transmit or distribute viruses or other malicious code;
(f) collect user names and contact information and/or send unsolicited commercial communications (spam);
(g) take any action that imposes an unreasonable or disproportionally large load on the Online Services’ infrastructure or interferes with the proper working of the Online Services;
(h) post content or take any action using the Online Services that infringes or violates someone else’s rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law, including without limitation selling, purchasing, or otherwise disseminating, without the individual’s prior written consent, an individual’s content, such as syllabi, exams, and other course or training materials, to any website for commercial purposes;
(i) attempt to decompile, decipher or reverse engineer any of the software used by APUS as part of the Online Services;
(j) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by APUS;
(k) post any classified or sensitive information, which means that users, to the extent applicable, must also adhere to Operational Security (OPSEC) processes when posting about units, organizations, and/or operations;
(l) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of the Online Services, including you, is responsible for the User Content that the user transmits to the Interactive Features, and the consequences of its use or submission.
You acknowledge that we do not necessarily pre-screen User Content and shall not be responsible for policing, monitoring, or editing such User Content. We shall have the right, but not the obligation, to monitor User Content and use of the Online Services to improve performance, for legal and regulatory reasons, and to determine compliance with these Terms of Service and other applicable policies. APUS shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Service or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
Violations; Termination and Suspension of Usage
We may terminate or suspend your access to all or part of the Online Services immediately and without notice for any conduct that APUS, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of APUS or any third party. Upon termination or suspension, you must cease use of the Online Services and all related content. APUS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to Online Services from a particular Internet address.
By transmitting User Content on or through the Online Services and subject to any other applicable policies, you grant APUS a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content in connection with the Online Services and APUS’s business, and you waive any and all moral rights and publicity rights in such User Content. You agree that this license includes the right for other users of the Online Services to access and use your User Content, subject to our terms and conditions regarding such use, and the right for APUS to allow its third party business partners to use your User Content.
All trademarks, service marks and logos on the Online Services are the property of their respective owners. Unauthorized use of any APUS (or of any third-party) trademark, service mark, or logo may violate APUS’s or a third party’s legal rights. You must obtain our written permission prior to using any trademark, service mark, or logo of APUS.
APUS and its licensors own all intellectual property rights in the Online Services, including designs, text, graphics, pictures, information, content, software, and other files, and their selection and arrangement (collectively, the “Materials”), except for certain third-party content on the Online Services and as otherwise expressly indicated. The Online Services and Materials therein are protected by United States and international copyright and other intellectual property laws. Any unauthorized use of the Online Services or the Materials therein may violate these and other laws. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
Digital Millennium Copyright Act (DMCA) Policy
We respect the intellectual property rights of others. If you believe that any User Content or other content available through the Online Services infringes your copyright, pursuant to Section 512(c)(3) of the DMCA, please provide us with the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) an identification of copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material ; (4) ) information sufficient to permit us to contact the complaining party, including your address, telephone number, and email address; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner , its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (collectively, a “Notice of Copyright Infringement”).
Our designated copyright agent for notice of alleged copyright infringement appearing on the Online Services is:
Senior Vice President & General Counsel
American Public University System, Inc.
111 West Congress Street
Charles Town, WV 25414
Upon receipt of a Notice of Copyright Infringement containing the required information as described in (1) through (6) above, we reserve the right to (i) notify the user, if known, of the alleged infringement, and (ii) remove or disable access to the material that is alleged to be infringing if hosted on one of our Online Services. No personal user information is shared with the copyright owner unless required by law.
If we receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” APUS reserves the right to terminate the accounts of “repeat copyright infringers.”
DMCA Counter-Claim Procedure
If we remove or disable access to your material and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated copyright agent. You must provide us with the following information: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, we will provide the complaining party with a copy of the DMCA Counter-Claim. When we receive a Counter-Claim that meets the requirements of the DMCA, we will process the Counter-Claim in accordance with the requirements of the DMCA.
We welcome and encourage any suggestions, ideas, comments or other feedback you provide us regarding the Online Services (“Feedback”). You acknowledge that any Feedback shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback in any of APUS’s products and services. You hereby assign to APUS all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
Registration-Related Account Security
Some Online Services, in whole or in part, may be accessible only through a registration process or with specific credentials. For such access-restricted portions of the Online Services, it is a violation of these Terms of Service for you to: (a) create more than one personal profile, (b) create another account without our permission if we disable your account; (c) share your login credentials, (d) let anyone else access your account, or (e) do anything else that might jeopardize the security of your account. You are solely responsible for any unauthorized use of your login credentials. You are required to notify APUS immediately of any known or suspected unauthorized use of your login credentials and to take reasonable steps to stop such use.
THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. APUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ONLINE SERVICES OR MATERIALS AVAILABLE ON OR THROUGH THE ONLINE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APUS SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. APUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES. FURTHERMORE, APUS MAKES NO WARRANTY THAT USE OF THE ONLINE SERVICES SHALL RESULT IN A CREDENTIAL, CERTIFICATION, AFFILIATION, OR OTHER ACADEMIC OR PROFESSIONAL DESIGNATION OR RECOGNITION OF ANY KIND.
You agree to indemnify and hold APUS and its parent, affiliates, officers, directors, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Online Services, your User Content, your violation of the Terms of Service, or your violation of any law or rights of a third party. APUS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with APUS in asserting any available defenses.
Limitation of Liability
YOUR USE OF THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) IS AT YOUR SOLE RISK. APUS SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE ONLINE SERVICES AND THE MATERIALS, EVEN IF APUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL APUS’S AGGREGATE LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, APUS’s liability will be limited to the fullest extent permitted by applicable law.
We may preserve and disclose User Content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of APUS, users of Online Services, or the public.
Payments and Default
You understand that when you receive any Online Service from APUS that you accept full responsibility to pay all fees and other associated costs assessed as a result of your receipt of such services. You understand there is no refund granted for non-Virginia residents for self-directed, self-paced online courses or programs. Virginia residents are subject to the refund policy available here. You understand when completing an instructor-led course you are subject to the refund policy here. You acknowledge that you have read the terms and conditions of this refund policy, if applicable, and understand those terms are incorporated herein by reference. You further understand that your failure to access and use any Online Service does not absolve you of your financial responsibility as described herein. You are responsible for all amounts due to APUS (including for fees and other costs charged by APUS). All amounts are due to APUS in advance of your access to any Online Service and are not eligible for refund, subject to the aforementioned refund policy applicable to Virginia residents only. Administrative, clerical or technical billing errors do not absolve you of your financial responsibility to pay the correct amount of fees and other associated financial obligations assessed as a result of your access to any Online Service. If a payment made by you is returned by a financial institution for any reason, you are required to repay the original amount of the payment plus a returned payment fee up to the maximum allowed by applicable law. Multiple returned payments and/or failure to comply with the terms of any payment plan or agreement between you and APUS may result in cancellation of your access to any Online Service. APUS may, at its option without any notice to you, declare your account(s) in default if (1) you fail to make a scheduled payment when due; (2) you fail to meet any obligation related to your account(s) or APUS; (3) you make any untrue written statement to APUS regarding your relationship with APUS; (4) your payment made by credit card or other electronic means is charged back, your check is rejected due to insufficient funds, or funds from a third party are not received or are required to be returned by APUS after receipt of funds; and/or (5) you breach any term or condition of these Terms of Service or any other agreement with APUS. APUS may accelerate any defaulted account(s), and may declare them to be immediately due and payable and may take such steps as necessary to collect amounts due. If you default you will be responsible for the payment of any and all costs, expenses, reasonable attorney’s fees, and/or collection fees up to 15% of your outstanding debt to APUS. Said amounts shall be due whether or not litigation or arbitration is brought to recover the account(s).
Dispute Resolution/Arbitration Agreement
You understand that the provisions below address dispute resolution. Your access to the Online Services is conditioned upon your agreement to be bound by the terms of this Dispute Resolution/Arbitration Agreement (the “Agreement”).
You and APUS agree that any dispute, controversy, or claim between you and APUS (or any company affiliated with APUS, or any of its officers, directors, trustees, employees or agents) arising out of or relating to your use of the Online Services, the Terms of Service, or relating to this Agreement in anyway, including any question regarding its existence, validity, or termination, as well as any challenge to the arbitrator’s jurisdiction (a “Dispute”) shall be resolved by binding arbitration before a single arbitrator, except that an individual claim may be brought in small claims court as expressly provided below. The arbitration shall be administered by JAMS (jamsadr.com) pursuant to applicable rules and policies in effect at the time the party submits the claim for arbitration, including but not limited to the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses (available at http://www.jamsadr.com/consumer-arbitration ), the JAMS Comprehensive Arbitration Rules and Procedures (available at http://www.jamsadr.com/rules-comprehensive-arbitration ), and the JAMS Streamlined Arbitration Rules and Procedures (available at http://www.jamsadr.com/rules-streamlined-arbitration ). This Agreement is not intended to modify your right, if any, to file a grievance with a state educational licensing agency or an accrediting agency. The Federal Arbitration Act and related federal judicial procedure shall govern this Agreement to the fullest extent possible, preempting all state arbitration law, irrespective of the location of the arbitration proceedings or of the nature of the court in which any related proceedings may be brought. Except for individual actions in small claims court expressly permitted in the paragraph below, any arbitration shall be the sole remedy for the resolution of Disputes between you and APUS.
You and APUS agree that an individual claim may be brought in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures) within the scope of its jurisdiction. If any such individual claim is transferred or appealed to a different court, however, the opposing party may elect arbitration and, if it does so, the parties agree that the matter will be resolved by binding arbitration pursuant to the terms of this Agreement.
YOU AND APUS EXPRESSLY WAIVE YOUR RESPECTIVE RIGHTS TO A JURY TRIAL, TO A CLASS ACTION, TO ENGAGE IN DISCOVERY (EXCEPT AS PROVIDED IN APPLICABLE JAMS ARBITRATION RULES AND POLICIES), OR OTHERWISE TO LITIGATE A DISPUTE IN ANY COURT (OTHER THAN IN SMALL CLAIMS OR SIMILAR COURT, AS SET FORTH ABOVE, OR IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS, AND CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.
The arbitrator shall have the authority to award any remedy that would otherwise be available under applicable federal, state or local laws. The seat of the arbitration shall be Manassas, Commonwealth of Virginia. At your request, you may elect either (i) for an in-person hearing in your hometown area, or (ii) the opportunity to participate in such arbitration online and attend any hearings by phone or video connection from your hometown area. If not available, APUS will make the necessary technical arrangement for phone or video connection at its own cost.
When you initiate arbitration against APUS, APUS will bear all costs charged by JAMS, except you will be required to pay $250. When APUS initiates arbitration against you, it will pay all costs charged by JAMS. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party.
The arbitrator’s award shall consist of a written statement stating the disposition of each claim. The award shall also provide a concise written statement of the essential findings and conclusions on which the award is based.
The arbitrator’s decision and any award will be final and binding and may be enforced in any court of competent jurisdiction. Other rights that you or APUS would have in court also may be available in arbitration.
The above supersedes any inconsistent arbitration provision published in any other APUS document.
Governing Law; Venue; Jurisdiction
The laws of the Commonwealth of Virginia, USA shall govern these Terms of Service, without giving effect to any choice of law or conflict of law provisions or principles (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of any laws of any jurisdiction other than the Commonwealth of Virginia. If there is any dispute about or involving the Online Services not otherwise resolved pursuant to and in accordance with the arbitration provisions and small claims court exception above, you agree that the dispute will be resolved in a court located in the Commonwealth of Virginia, USA. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Prince William County Virginia, USA, as applicable, and agree that such courts shall be the exclusive forum for resolving any and all disputes regarding the Online Services not otherwise resolved pursuant to and in accordance with the arbitration provisions and small claims court exception above.
Compliance with Laws
Information available through the Online Services is not intended for distribution to, or use by, any person or entity in any foreign jurisdiction or country where such distribution or use would be contrary to law or regulation. APUS makes no representation that the information available through the Online Services is appropriate or available for use in other non-U.S. locations, and access to the Online Services from any such locations where the content of the Online Services offered herein may be illegal is prohibited. Those who choose to access the Online Services from other non-U.S. locations do so on their own initiative and risk and are responsible for compliance with all applicable laws.
These Terms of Service, as modified from time to time by APUS in writing and including any applicable student, employee or faculty handbooks, codes of conduct and other policies, as well as any policies that are incorporated by reference herein, set forth the entire understanding and agreement between you and APUS with respect to the subject matter hereof. APUS’s failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service will remain in full force and effect. These Terms of Service are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Service will be in the English language.
If you have any questions about the Online Services or these Terms of Service, please email us at email@example.com.
By checking the box you agree and acknowledge that you consent to be bound by the foregoing Terms of Service (including the Dispute Resolution/Arbitration Agreement) and that you intend to enter into a legally binding contract with American Public University System, Inc.