2. Services and Content.
2.1. The Services on this Web Site act as a system or venue to introduce and refer you to Service companies and providers of information. Degree.com uses reasonable efforts to ensure the availability of the information and content, including links, which it makes available through the Services. However, the Services are composed of content not offered by Degree.com. Degree.com does not control (i) the quality, safety or legality of items available through or on its advertisers’ websites of third parties not in privity of contract with Degree.com, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their websites or links to those websites. Degree.com is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or Service for any purpose or price or on any specific terms. Degree.com does not guarantee the price, terms, product, availability and/or Services offered by any advertiser. For all of the Services, Degree.com is not involved in any transactions between you and any of its advertisers, affiliates or referred to companies, and is not responsible for, and does not guarantee the price or performance of any goods, Services or information provided by advertisers and/or Services.
2.2. This Web Site provides you with access to certain services, such as referrals to products, services and suppliers that may be of interest to you (the “Site Services”), and to certain content provided by us or by third parties, such as news and information regarding such products, services and suppliers in various industries (the “Site Content”). In addition to the other terms and conditions of this Agreement, please carefully note the following regarding our services and content:
2.2.1. We may provide Web Site users with the opportunity to submit requests for information on a wide variety of products and services offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to third parties, including any Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed (e.g., phone or email); however, this does not preclude such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in any transactions that occur between you and the Service Provider(s). We are not responsible or liable for ANY Service Provider’s acts or omissions (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE), FOR SUCH SERVICE PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
2.2.2. We provide any such Site Content solely for your convenience, and such Site Content (i) is not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Site Content. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Site Content available through the Web site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Web site. We neither recommend nor endorse any specific products, opinions, or other Site Content that may be made available through or mentioned on the Web site.
2.3. Site Content may be provided by our employees as well as by third parties. Please note that third parties may post messages, provide materials or make statements that are inaccurate, misleading or deceptive. We, our affiliates and our and their employees, officers, directors, agents, representatives, licensors, suppliers and service providers (collectively with us, the “Company Entities”) do not endorse and are not responsible or liable for any Site Content, or any opinion, advice, information or statements in such Site Content, or your use of any Site Content. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on Site Content or for any results obtained by using any such Site Content. The opinions expressed in the Company Entities reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions. YOUR USE OF THE WEB SITE AND RELIANCE ON ANY WEB SITE CONTENT IS SOLELY AT YOUR OWN RISK.
2.4. The technology underlying, and content within, the Services is owned by Degree.com and/or its licensors (including Degree.com’s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and Degree.com, Degree.com owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
3. Prohibited Uses.
3.1. Post, transmit, or otherwise make available, through or in connection with the Web Site:
3.1.1. Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
3.1.2. Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
3.1.3. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
3.1.4. Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
3.1.5. Any material, non-public information about a company without the proper authorization to do so.
3.2. Use the Web Site for any fraudulent or unlawful purpose.
3.3. Use the Web Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Web Site.
3.4. Impersonate any person or entity, including without limitation any of our (or our affiliates) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
3.5. Interfere with or disrupt the operation of the Web Site or the servers or networks used to make the Web Site available; or violate any requirements, procedures, policies or regulations of such networks.
3.6. Restrict or inhibit any other person from using the Web Site (including without limitation by hacking or defacing any portion of the Web Site).
3.7. Use the Web Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
3.8. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Web Site.
3.9. Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Web Site.
3.10. Remove any copyright, trademark or other proprietary rights notice from the Web Site or materials originating from the Web Site.
3.11. Frame or mirror any part of the Site without our express prior written consent.
3.12. Create a database by systematically downloading and storing all or any Web Site content.
3.13. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Web Site content or reproduce or circumvent the navigational structure or presentation of the Web Site without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
4.1. For purposes of clarity, you retain ownership of any information, content and/or materials that you submit through the Web Site (each, a “Submission”). Please note, however, that we need certain rights to your Submissions to be able to make them available on the Web Site. Accordingly, you hereby grant to the Company Entities a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Web Site, comply with all applicable laws, rules and regulations. Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Web Site. In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any other part of the Web Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
5. Defamation, Copyright and Trademark Claims.
5.1. Degree.com disclaims any responsibility for the content of any third party materials provided through or on the Degree.com Web Site. Degree.com does desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
5.1.1. Degree.com Copyright Agent. E-mail: copyright@Degree.com
5.2. In notifying Degree.com of alleged copyright infringement, you must include the following information: a description of the copyrighted work that is the subject of claimed infringement; information sufficient to permit Degree.com to locate the alleged material Contact information for you, including your address, telephone number and/or email address; a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and, a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
5.3. Degree.com is also a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Degree.com has designated an agent to receive notifications of alleged copyright infringement on the Services: Degree.com Copyright Agent, c/o Education, Inc., 8900 Olympic Blvd., Suite 100, Beverly Hills, California, 90211.
5.4. Degree.com does not arbitrate or resolve trademark disputes among Degree.com’s advertisers or between those advertisers and third parties. However, Degree.com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Degree.com may occasionally receive a request to remove listings from within the Services. Degree.com reserves the right to address such requests on a case-by-case basis.
5.5. Degree.com is a provider of an interactive computer Service for purposes of 47 U.S.C. § 230. As such, its liability for others’ conduct and information is limited as described therein.
6. Privacy and Data Collection.
7. Control over Features, Functions, and Access to the Services.
7.1. Degree.com reserves the right to change any information, features and functions of the Services without prior notice. Degree.com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Degree.com determines, in its sole discretion, violate this Agreement, the rights of Degree.com or any third party, or is otherwise inappropriate.
8. Intellectual Property.
8.2. The information and materials made available through the Web Site are and shall remain the property of Degree.com and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Web Site, you may view one (1) copy of any content on the Web Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Web Site or any materials made available through the Web Site.
8.3. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner of such trade names, trademarks or service marks.
9. Access and Interference.
9.1. You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this Web Site. Nor will you use any manual process to monitor or copy the Web Site or the content contained thereon for any unauthorized purpose without Degree.com’s prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Web Site.
10. Registration and Account Security.
10.1. You represent and warrant that the registration information you provide to Degree.com is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify Degree.com of any unauthorized use of your account or any other breach of security with regard to your use of the Web Site of which you become aware.
11.1. The Web Site may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that the Company Entities are not responsible for the availability of such external websites or resources, and the Company Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such websites or resources. Other websites may provide links to this Web Site with or without our authorization. You acknowledge and agree that the Company Entities do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to this Web Site, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith.
11.2. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES, WHICH M AY DIFFER FROM THAT OF DEGREE.COM.
13. Warranty Disclaimers
13.1. YOUR USE AND BROWSING OF THIS WEBSITE AND THE CO-BRANDED WEBSITES ARE SOLELY AT YOUR OWN RISK. THE WEBSITE, AND EVERYTHING ON THIS WEBSITE, INCLUDING THE MATERIALS AND THE CO-BRANDED WEBSITES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEGREE.COM, COMPANY ENTITIES, ITS AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITATION, DEGREE.COM, COMPANY ENTITIES, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR ITS SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, DEGREE.COM, COMPANY ENTITIES, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE OR ON ANY CO-BRANDED WEBSITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Limitation of Liability
14.1. IN NO EVENT WILL DEGREE.COM, COMPANY ENTITIES, OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT OR MATERIALS THEREIN INCLUDING ANY CO-BRANDED WEBSITE, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF DEGREE.COM, COMPANY ENTITIES, OR ITS AFFILIATES OR AGENTS 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 DEGREE.COM’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 WEBSITE.
15. Choice of Law, Waiver, and Claims
15.1. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Degree.com’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. 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 Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.1. Disputes arising under or in connection with this Agreement, including requests for specific performance, shall be resolved exclusively through an arbitration conducted as provided in this Section pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three arbitrators: each party shall choose one arbitrator and, if the two arbitrators are not able to agree on a third arbitrator, the third shall be chosen by the AAA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules.
16.2. The parties shall bear their own attorneys’ fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the initiation of arbitration. The parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.
17.1. You may direct any questions concerning this Agreement to: Degree.com at its e-mail: info@Degree.com.
18. Ability to Enter Into This Agreement.
18.1. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Web Site.
19.1. Degree.com may amend this Agreement at any time by posting the amended terms on its Web Site. Except as stated below, all amended terms are automatically effective immediately, upon posting. This Agreement may not be otherwise amended except in a written document signed by you and Degree.com.
This agreement was last revised on May 15, 2012.