Your use and access of the GreatDegree.com website (the “Site”) constitutes acceptance of this agreement and creates a binding legal contract.
1. Legal Agreement
“Member” means someone who has either: (a) created a user account on the Site; (b) completed a Request for Information (“RFI”) form related to one or more educational institutions, degree programs, or courses; or (c) completed a voluntary assessment test or evaluation through the site’s prospect engine or assessment tool. Members cannot be under the age of 13. By entering into this Agreement, you represent and warrant that (i) you, the prospective Member, are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective Member who is between the ages of 13 and 18 and that you are entering this Agreement on behalf of that prospective Member. Members cannot be under the age of 13, and CD has the right to terminate a Member’s registration if CD has reason to believe that Member is under 13.
“Visitor” means a user of the Site who is not a registered Member (i.e., someone who is browsing the Site). Visitors also agree to be bound by this Agreement as if they are Members. If you are a Visitor and do not agree with this Agreement, you should leave the Site immediately.
Each Member agrees that you have the right, authority and capacity to agree to and abide by this Agreement, and you also represent and warrant that you will use the Site in a manner consistent with all laws and regulations.
"Personal Information" means (i) information about a Member provided to CD by a Member either through setting up a Member account or completing an RFI. “Personal Information” includes all information about a person, including but not limited to name, email address, telephone number, physical address, gender, school, photographs or other images, academic history, academic interests, military background, extracurricular activity, job history, and any other personally identifiable or biographical information.
3. Content and Licenses
"Content" means any work of authorship or other form of expression made or placed on the Site by a Member, including but not limited to text, ideas, comments, feedback, images, photographs, graphics, videos, information and data.
Member grants to CD a royalty-free, worldwide license to copy, display, render, perform, create derivative works from, sublicense, distribute, transmit, store, and otherwise use Member’s Content (in any form, media, or technology now known or later developed) for all purposes associated with the operation of the Site and CD’s business. These licenses survive termination of this Agreement.
Member represents and warrants that Member’s own Content placed on the Site by Member and that such Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
4. The CD Site and Features
The Site provides prospective distance learning students with objective information for evaluating educational options. The Site incorporates a range of options for degree programs, online courses, continuing licensure education, and enrichment courses. The Site affords Members the opportunity to search through the data on options using search tools and data filtering tools.
Another purpose of the Site is to assist Members with selecting an educational path through the use of online tools. First the Site offers an “assessment” tool to elicit information from Members on their background and interests and to evaluate Members’ suitability for online programs and courses. Another tool on the Site is a “prospect engine” that helps students evaluate educational options in the context of career goals. Collectively, the “assessment” tool and the “prospect engine” along with all other diagnostic, decision-making and comparative processes/services on the Site are referred to as the “Site Tools.”
CD built the Site Tools with the assistance of industry leaders, but these technologies are merely speculative tools intended to provide directional advice to Members. Member should not rely on these tools without also considering other, personal advice and consultation and the use of other sources.
CD does not warrant that the Site (including the Site Tools) will provide accurate information or results; perform in a particular manner; serve a particular purpose; or provide any particular results. Member agrees that CD is not liable to Member for losses, damages or claims relating to the content or functionality of the Site Tools.
5. Site IP and Ownership
“Site IP” means any trademark, work of authorship or other form of expression and any other matter subject to intellectual property laws or regulations (including but not limited to HTML code, text, graphics, photographs, images, scripts, sounds, music, videos, interactive features, audio clips, digital downloads, logos, button icons, data, software and compilations of one or more of them) that are on the Site and that were not placed/uploaded to the Site by a Member.
Site IP is either owned or licensed by CD. Member agrees that, as between a Member and CD, all Site IP is the exclusive, worldwide property of CD. CD reserves all rights with respect to Site IP, and Member agrees to not copy, display, transmit, sell, publicly perform, publish, distribute, use or make derivative works of Site IP for any purpose other than Member’s personal, non-commercial use of the Site. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Member will not at any time take any action or make any omission that challenges, diminishes, or threatens CD’s exclusive, worldwide rights in and ownership of the Site IP. Member acquires no right, title, or interest in or to the Site IP by virtue of this Agreement or otherwise.
6. Member’s Representations and Warranties and Rules for Member’s Conduct
By uploading Content to the Site, each Member represents and warrants, at all times, that the Content placed on the Site by the Member:
- Is (i) an original work of authorship of the Member; (ii) owned by the Member; or (iii) to the extent owned by someone other than the Member, the owner of the Content has expressly authorized and permitted Member to place or post the Content on the Site subject to the Site License and Licenses.
- Is not Personal Information about anyone other than the Member or a person whom the Member is nominating for a CD.
- Does not violate any copyright, trademark, trade secret or other intellectual property right of a third party.
- Does not violate a third party’s right of privacy or publicity.
- Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to CD.
- Does not falsely or misleadingly represents a place, group, organization, fictional character, or real individual.
- Does not include viruses, Trojan horses, worms, time bombs, cancelbots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Site.
- Is not unlawful and does not violate this Agreement or any regulation or CD rule or policy.
- Does not breach a duty of confidentiality by which Member is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Is not “spam.”
- Does not promote or offer fraudulent or unlawful goods, services, schemes, or promotions.
- Is, to the best of Member’s knowledge, true and accurate and will not result in physical harm to any person.
CD reserves the right to remove Content that, in CD’s sole discretion, violates the representations and warranties above or otherwise violates this Agreement.
Member agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content.
Member agrees not to violate or attempt to violate the security of the Site, including, without limitation the following activities: (a) logging into a server or account which the Member is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any Member, host or network, including, without limitation, via means of submitting a virus to, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.
If CD is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something Member did in violation of this Agreement and/or based on Content placed on the Site by Member, Member agrees to indemnify CD (including its officers, employees, directors, shareholders and agents) for all damages, attorneys’ fees, losses, and costs assessed against or incurred by CD (or them).
7. Use of Personal Information
It is critical that your Personal Information is accurate. If your Personal Information changes, Member agrees to promptly update Member’s Personal Information. It is Member’s responsibility to update all of your current Personal Information.
Member will have the opportunity to select a Member ID and password. Member is solely responsible in all respects for maintaining the confidentiality and security of Member’s Member ID and Password. Member is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of Member’s Member ID.
CD may refuse to grant Member or require Member to change his/her Member ID or password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at CD’s discretion.
Member agrees to notify CD immediately of any unauthorized use of Member’s Personal Information, Member ID, password or other registration or user account information.
CD reserves the right to offer third-party services and products to Members based on preferences that Members identify as part of registration and at other times. CD does not provide or make any representation or warranty as to the quality or nature of any of the third-party products or services made available through the Site or that are made available by a third-party.
If Member wishes to opt out of receiving such solicitations, Member must email CD at _info <at> GreatDegree <dot> com with Member’s request.
8. Performance of the Site
Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. CD makes no commitment, warranty or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a Member’s particular purposes. CD may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to Member.
Because computers and other equipment are subject to occasional malfunction, Member agrees that Member will not hold CD responsible for any inadvertent damage to, corruption of or destruction of Content.
Because user authentication on the Internet is difficult, CD cannot and does not confirm that each Member is who he or she claims to be. CD is not and will not be involved in Member-to-Member dealings or control the behavior of Members. If you have a dispute with a Member, you release CD (and CD’s officers, employees, agents and successors) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Changes are periodically made to the Site and may be made at any time, and the Site may contain typographical errors and inaccuracies. Member acknowledges and agrees that Member is solely responsible for Member’s reliance on information or content on the Site.
CD does not and cannot guarantee and does not and cannot promise any results from use of the Site. No advice or information, whether oral or written, obtained by a Member from CD or through or from the Site shall create any warranty not expressly stated herein.
9. CD’s Disclaimers of Warranties and Limitations on CD’s Liability
CD DOES NOT WARRANT THAT ANY THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CD IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND ALL SERVICES PROVIDED BY CD ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. CD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR CD’S SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT WILL CD OR ITS AFFILIATES OR EMPLOYEES, AGENTS, OFFICERS, OR SHAREHOLDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN (INCLUDING THE SITE TOOLS), WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF CD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL CD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by CD of the content on such third-party websites. CD is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.
By using the Site to search for or link to third-party websites, Member understands and agrees that Member may not make any claim against CD for any damages or losses, whatsoever, resulting from Member’s use of the Site to obtain search results or to link to third-party websites.
Some of the third-party websites accessible via the Site will request that you provide your Personal Information directly on the third-party websites (i.e., the Personal Information is not being provided to CD but, instead, to the owners of the third-party websites).
If Member is a California resident, Member waives California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Term of this Agreement
This Agreement will remain in full force and effect while you are a Member of the Site. CD reserves the right, at its sole discretion, to terminate a Member’s registration with or a Member’s ability to access the Site upon any breach of this Agreement or if CD is unable to verify or authenticate any information a Member submits to the Site. Even after you are no longer a Member, certain provisions of this Agreement will remain in effect.
11. Amendments and Updates to this Agreement
CD may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, CD may (but is not obligated to) notify Members of the change(s) and make a posting on the Site regarding the change(s). Each Member agrees to review this Agreement from time to time. If a Member uses the Site after CD has posted a revised or updated version of this Agreement on the Site, Member agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CD’s Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CD’s designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to CD’s designated Copyright Agent as follows:
Campus Direct, Inc.
4733 Elm Street, 3d floor
Bethesda, MD 20814
Fax: (301) 560-6628
Email: DMCA <at>GreatDegree<dot> com (substitute appropriate symbols for “at” and “dot”)
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CD’s customer service staff.
You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, (i) please consult your counsel and see 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to CD’s Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bethesda, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by CD’s Copyright Agent, CD may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against the Member who uploaded the objectionable Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at CD’s sole discretion.
This Agreement cannot be amended except as specifically set forth in the Amendments section above.
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by Member, but they may be assigned by CD without restriction.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
This Agreement constitutes the entire agreement between Member and CD concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral.
By using the Site and/or completing the registration process and becoming a Member, Member confirms that Member has the full power and authority to enter into and perform this Agreement. Member also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by CD.
CD encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.
Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Maryland without regard to its "choice of law" provisions.
The Member and CD agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Bethesda, Maryland. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. CD shall not be responsible or liable for any delay caused by the occurrence of such event.
Neither this Agreement nor a Member’s participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between Member and CD.
This Agreement inures to the benefit of and applies to the Member’s and CD’s successors, assigns, heirs, divisions, subsidiaries, and employees.
Version: Effective 12/15/09