These Terms of Service were last revised on March 16, 2011
互联网技术和适用的法律、法规和规章经常变化。因此，抄送保留在任何时候对本条款进行修改的权利。您继续使用本网站，即表示同意本网站可能发布的任何新的或修改的本条款。We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
Using the Web Site
- Eligibility. Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
- Compliance. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web site, and all applicable laws, regulations and rules when you use the Web Site.
- License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. CC will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
- Other Users. If you become aware of any conduct that violates this TOS, CC encourages you to contact us –firstname.lastname@example.org 1-877-205-1458. CC reserves the right, but will have no obligation, to respond to such communications.
- Mobile. CC currently provides Services accessible on certain mobile devices for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, will still apply.
- Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Copyright. All materials on the Web Site and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by CC, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. © 2011 Carrington College ALL RIGHTS RESERVED.
- Trademarks. Product names, logos, designs, titles, and words or phrases used on any CC web site, including, without limitation, CARRINGTON COLLEGE, CARRINGTON COLLEGE CALIFORNIA, CAREER MINDED. LIFE CHANGING., EDUCATION FOR A NEW YOU, THE STARTING POINT FOR HEALTHCARE CAREERS and design marks (including, without limitation, the SHIELD Design) are owned by CC, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of CC. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Web Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
Intellectual Property Policy
CC respects the intellectual property rights of others and expects its users to do the same. CC may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, CC will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Web Site or the Services has infringed your copyrights,please contact us. If you believe that a user of the Web Site or the Services has infringed your trademark/service mark rights,please contact us.
Third Party Sites
Linking and Framing
You may not frame, inline link, or similarly display any CC content or property, including, without limitation, the Web Site.
Representations and Warranties
You represent and warrant to CC that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Web Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site, including this TOS.
You agree to defend, indemnify, and hold CC and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to User Created Content you submit, (ii) arising from, related to, or connected with your use of the Web Site or the Services, (iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. If you are obligated to provide indemnification pursuant to this provision, CC may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of CC.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
CC will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to CC to perform, fire, terrorism, natural disaster or war.
In light of CC’s substantial contacts with the State of Illinois, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOS are resolved on a uniform basis, and CC’s execution of, and the making of, the TOS in Illinois, you agree that: (i) any claim, cause of action or dispute you have with CC and any litigation involving any noncompliance with or breach of the TOS, or regarding the interpretation, validity and/or enforceability of the TOS, must be filed and exclusively conducted in the state or federal courts in DuPage County, Illinois; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of Illinois, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in DuPage County, Illinois for these purposes.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Web Site or Service
CC may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site or the Services, temporarily or permanently, at any time without notice to you, and CC will not be liable for doing so. Without limiting the foregoing, if you do not agree with any changes made to the Web Site you may terminate your account as set forth below.
- By CC. CC will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to the Web Site or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOS, (ii) your violation of the rights of any third party; (iii) in the case of Services features that require payment, the invalidity of your credit card, your exceeding your credit card limit or “chargeback” of a fee or other payment; or (iv) your membership account becoming inactive for an extended period of time.
Notices and Electronic Communications
This TOS contains the entire understanding of you and CC regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and CC regarding its subject matter. This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. This TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of CC. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You and CC are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.