Hilbert College Terms of Use

Effective Date: July 12, 2021

TERMS OF USE FOR PROGRAM SERVICE

1. Introduction

The PROGRAM Service (as defined below) is provided by Hilbert College, 5200 South Park Avenue, Hamburg, NY, 14075. As a part of the PROGRAM Service, you will be using websites, software, instructors, and materials provided by Hilbert College, and your use of those websites, software, instructors, and materials is subject to the following Terms of Use (“Terms”), including the PROGRAM Service’s Privacy Policy (“Privacy Policy”), which is incorporated by reference into these Terms.

In addition to these Terms and the Privacy Policy, you agree to follow Hilbert College general and student code of conduct, including its prohibitions against certain conduct occurring while on or within all property owned, controlled or operated by Hilbert College.

Please read these Terms and the Privacy Policy carefully before using the PROGRAM Service. These Terms constitute a binding agreement between you and Hilbert College and its affiliates and subsidiaries (“Hilbert College”, “our”, “we,” or “us”). At all times herein, Institution, our, we and/or us, are to be considered as one and the same. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the PROGRAM Terms. “Users” shall mean all visitors to the PROGRAM Service. You accept these Terms and agree to abide by these Terms, by accessing the PROGRAM Service. If you do not accept these Terms, you must not use, and hereby agree not to use the PROGRAM Service.

We reserve the right to and may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the PROGRAM Service after a change to these Terms constitutes your ongoing and continual binding acceptance of these Terms.

2. Eligibility

The PROGRAM Service is only available to individuals who are at least 18 years old, unless we specify otherwise and with the consent of a guardian for anyone under the age of 18 years old.

3. The PROGRAM Service

The “PROGRAM Service” means the website(s) and any associated software, applications, and Internet services under Hilbert College control, whether partial or otherwise, used in connection with providing the services provided by Hilbert College. The PROGRAM Service provides an online platform to enable you to view information online and through other connected devices for and about areas of study, classes, courses, workshops, and other education programs and events offered by the Hilbert College (each a “Program” and, collectively, “Programs”). Together with our teachers, members, thought leaders, and seasoned practitioners (collectively, “Instructors”), participants have access to a robust curriculum focused on skills development in a variety of areas. The PROGRAM Service will also, at times, permit the community of users of the PROGRAM Service to engage in discussions and communications with one another and with the Instructors.

Availability. You may sign up for a Program using the PROGRAM Service. However, we cannot promise the desired or expected availability of the Program. Hilbert College may, in its sole discretion, change or alter the availability of any Program including but not limited to changing when the course is offered, where the course is offered, how the course is offered, and changing the curriculum content of the course as a substitute for the course selected by the student but which may no longer be provided or available.

Rescheduling, Cancellation and No-Show Policies. We determine the rescheduling, cancellation and no-show policies and apply them at our discretion. You should contact us directly using the contact information provided below, and not the Instructors, for any rescheduling, cancellation or no-show questions.

Chat Room Service. You may, from time to time, be able to engage in online chat sessions with other users of the PROGRAM Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the PROGRAM Service. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are solely responsible for any comments or materials you post in a chat room and assume any and all liability arising out of a post. Hilbert College makes no representations or warranties with respect to the confidentiality of any posts you make through the PROGRAM Service.

Information You Provide to Instructors. Your Instructors may ask for information from you, such as your email address, to help facilitate the provision of the Program. Instructors are required to use this information only to communicate with you in a professional manner about Program materials.

Third-Party Products and Services. We use third-party software, applications, and other products and services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their quality, performance or actions. The PROGRAM Service may link to third-party websites or applications to facilitate its provision of services to you. If you use these links, you will leave the PROGRAM Service. Some of these third-party websites or applications may use PROGRAM Content (defined below) under license from PROGRAM Services. PROGRAM Services is not responsible for these third-party websites or applications, whether or not PROGRAM Services is affiliated with such third-party websites or applications. Through our use, we do not endorse the organizations sponsoring such third-party websites, applications or their products or services. You agree that PROGRAM Service is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website, application or as a result of the presence of any third-party advertising on the PROGRAM Service. You should check the privacy policy and terms of use of any third-party website or application that you use or visit as a result of the PROGRAM Service.

Social Sign-On. The PROGRAM Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.

Featuring a Program or Instructor. We may recommend a Program and/or Instructor as part of a collection of Programs. However, as stated more fully elsewhere in these Terms, Hilbert College makes no representations or warranties as to the quality or nature of Programs or Instructors shown on the PROGRAM Service or any outcome you may achieve as a result of taking a Program or Programs.

Featuring Your Work. We may promote our Programs using the work you completed as part of completing a Program (“Participant Work”) and you grant Hilbert College a nonexclusive license to use your name in combination with your Participant Work in any and all media in connection with [Institution’s] promotional efforts. Our use will be limited to promoting the Programs. Hilbert College will include your name and attribute your Participant Work to you.

Search. The keywords and/or search phrases you used in your search leading you to this website may or may not be related to the PROGRAM Service. Information regarding the PROGRAM Service can be found on the website or directly from us.

Certifications. Completion of the PROGRAM Service may not allow you to take certain certification examinations. Requirements for certifications are controlled by outside agencies and are subject to change without notice.

4. Financial Matters.

Programs. You must pay tuition and any applicable fees to attend a Program. The amount of any tuition and fees may be revised from time to time and vary from region to region, and topic to topic.

You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the PROGRAM Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the PROGRAM Service. If you repeat any Program, you must pay all of the then current tuition applicable to such Program.

You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the PROGRAM Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the PROGRAM Service. If you repeat any Program, you must pay all of the then current tuition applicable to such Program.

Third-Party Payment Processors. Hilbert College currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.

Availability of Certain Forms of Payment. Hilbert College makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the PROGRAM Service. Accordingly, Hilbert College reserves the right to change payment methods as available and needed.

Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to PROGRAM Service, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

Disputed Charges. You agree to submit any disputed charges you become aware of on your account immediately, by sending a notice in writing to Hilbert College within thirty (30) days of your receipt such disputed charge, or your dispute is waived, and such charge will be final and not subject to challenge.

Right to Cancel/Rescind Prior to Starting Program. Before you start your Program, you may cancel/rescind your Enrollment Agreement and request a refund of any tuition and fees paid to us, only if a cancellation to attend the Program is requested in writing by you at least seven (7) calendar days before the start of your Program. If a request is made six (6) or fewer days before the start of your Program, no refund will be granted. Please submit a written request for cancellation of your Program, and if applicable, to request a refund, using the address provided in Section 15 below.

Modification of Cancellation/Rescission and Refund Policies. We may modify our cancellation/rescission or refund policies at any time with or without specific notice to you; provided, however, the policies in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.

Taxes. The term “Taxes” includes sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for paying the appropriate taxes resulting from a transaction occurring through the PROGRAM Service. Hilbert College is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Currency. The currency required for settling transactions with us will be U.S. dollars. Depending on where you are located, your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes.

Fees Charged by Third-Party Payment Processors. The PROGRAM Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Hilbert College is not responsible for any fees charged by them. Hilbert College disclaims all liability with regard to any fees or problems you have with third-party payment processors.

5. Account Creation and Use

Your Account. To use any or all parts of the PROGRAM Service, you must create an account. You represent and warrant that the information you provide to Hilbert College upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials as a result of your failure to maintain their confidentiality. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Electronic Notices. By using the PROGRAM Service or providing Personal Information (as defined in our Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the PROGRAM Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the PROGRAM Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at the address provided in Section 15 below.

6. Content; License; Ownership and Use.

The contents of the PROGRAM Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Program materials and other PROGRAM content licensed or created by Hilbert College or its employees, agents, third parties or contractors (collectively, “PROGRAM Content”). All PROGRAM Content and the compilation (meaning the collection, arrangement, and assembly) of all PROGRAM Content are the property of Hilbert College, the PROGRAM, third parties, or its/their licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the PROGRAM Service and the PROGRAM Content solely for your individual use in connection with the program. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the PROGRAM Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original PROGRAM Content on any copy you make of the PROGRAM Content.

No material made available on or through the PROGRAM Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the PROGRAM Service, in which case you are authorized to download only a single copy of such materials for your own use. For example, certain Program materials may be made available as unprotected PDF files that can be downloaded by registered Program participants and/or other verified users of the PROGRAM Service. Materials not made available for download may not be downloaded or copied without prior written permission of the owner of the content. Modification of materials obtained from the PROGRAM Service, including, but not limited to, User Content (defined below), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Hilbert College, the PROGRAM, third parties, or its/their licensors, unless you have obtained express written authorization to the contrary.

No Commercial Use. No materials obtained from the PROGRAM Service, even if authorized for download from the PROGRAM Service, may be redistributed, nor may they be used for any commercial purpose, without prior written permission of the owner of the content, and/or Hilbert College. Notwithstanding the prior sentence, the use of Program materials by a registered participant in a Program for the development of its business, venture, or idea of which the registered participant is actively and directly involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

Additional Licenses. Certain materials made available for download from or through the PROGRAM Service may be subject to a variety of additional or different license terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No Implied Rights. There are no implied licenses granted in these Terms.

Hilbert College Marks. PROGRAM Service, the PROGRAM Service logo, and other PROGRAM Service logos and product and service names, including those of third-party products and services, are or may be trademarks of Hilbert College (the “PROGRAM Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Hilbert College Marks.

7. Intellectual Property Rights and Our License to Use.

Hilbert College Claims No Ownership. The PROGRAM Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Participant Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

[Institution’s] Use of Your User Content. By creating, posting, or sharing Your User Content, except for Participant Work, on or through the PROGRAM Service, and subject to [Institution’s] Privacy Policy, you grant Hilbert College a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content without compensation to you only to the extent necessary and for the sole purpose of providing the PROGRAM Service. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content or User Content in our sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the PROGRAM Service, any right, title, or interest (including intellectual property rights) in content delivered by other students via the PROGRAM Service.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the PROGRAM Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the PROGRAM Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the PROGRAM Service does not result in a breach of contract between you and a third party. You agree to pay any and all monies owed lawfully to any entity or person as a result of you posting Your User Content on the PROGRAM Service.

The PROGRAM Service contains content from users and other licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the PROGRAM Service.

Violations of Copyright. Tell us if you think a user has violated your copyright using the PROGRAM Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the PROGRAM Service infringe your copyright, you (or your agent) may send us a written “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the PROGRAM Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the PROGRAM Service;
  4. Your name, address, telephone number, and email address (if available);
  5. 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PROGRAM a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the PROGRAM Service should be sent to Hilbert College c/o Program Administrator, 1050 Crown Pointe Parkway, Suite 300, Atlanta, GA 30338. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Suggestions and Submissions. We appreciate hearing from our users and welcome your comments regarding the PROGRAM Service. Please be advised, however, that if you send us creative ideas, suggestions, improvements, inventions, or other materials (“creative ideas”), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. User Content Disclaimers, Limitations, and Prohibitions.

You are responsible for your actions when using and relying on the PROGRAM Service or content available on the PROGRAM Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on User Content will be at your own risk. By using the PROGRAM Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You are solely responsible for Your User Content on the PROGRAM Service. We do not endorse any, nor are we responsible for, User Content on the PROGRAM Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the PROGRAM Service only for its intended purpose. You must use the PROGRAM Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the PROGRAM Service are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the PROGRAM Service, user accounts, or the technology and equipment supporting the PROGRAM Service;
  2. frame or link to the PROGRAM Service without permission;
  3. use data mining, robots, or other data gathering devices on or through the PROGRAM Service;
  4. post false or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use the PROGRAM Service to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use the PROGRAM Service without our consent after your account has been terminated;
  9. use the PROGRAM Service in an illegal way or to commit an illegal act in relation to the PROGRAM Service or that otherwise results in fines, penalties, and other liability to us or others; or
  10. access the PROGRAM Service from a jurisdiction where it is illegal or unauthorized.

9. Consequences of Violating These Terms.

We reserve the right to suspend or terminate your account and prevent access to the PROGRAM Service for any reason, at our discretion. We reserve the right to refuse to provide the PROGRAM Service to you in the future.

Hilbert College may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the PROGRAM Service.

You are solely responsible for any and all claims, costs, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your improper use of the PROGRAM Service.

10. Hilbert College’s Liability.

Changes to the PROGRAM Service. We may change, suspend, or discontinue any aspect of the PROGRAM Service at any time, including hours of operation or availability of the PROGRAM Service or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the PROGRAM Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release PROGRAM of all claims, demands, and damages in disputes among users of the PROGRAM Service. Use caution and common sense when using the PROGRAM Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the PROGRAM Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the PROGRAM Service.

Assume and Ownership of Risk. You agree and expect to use the PROGRAM Service with the assumption and ownership of all risk.

Third-Party Websites. The PROGRAM Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all inherent risk and we disclaim all liability arising from your use of such third party websites and applications.

11. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM SERVICE IS AT YOUR SOLE RISK, AND THE PROGRAM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE PROGRAM SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE PROGRAM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE PROGRAM SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE PROGRAM SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. Released Parties Defined. “Released Parties” include Program, [Institute], and its/their affiliates, officers, directors, managers, owners, members, employees, agents, service providers, partners, Instructors, and licensors.

12. Limitation of Liability and Indemnification.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PROGRAM SERVICE; OR (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM SERVICE OR YOUR USE OF PROGRAM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE COST YOU PAID FOR THE PROGRAM.

You agree to defend, indemnify, and hold harmless the Released Parties as defined above, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees and costs, to the extent they allege or result from (i) your improper use of or reliance on any third-party content, (ii) your improper use of or reliance on any PROGRAM Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

13. General Terms.

These Terms constitute the entire agreement between you and us concerning your use of the PROGRAM Service. Either party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

14. Complaints, Arbitration, Waiver of Class Action, and Waiver of Jury Trial.

Complaints. If you have a complaint, grievance, or an otherwise serious concern, you are encouraged to make an initial attempt, in good faith, to resolve the matter by first contacting us in writing using the address in the “Contact Us” section below. Please allow for at least 10 calendar days to receive a response by us and for an otherwise attempt to address and/or resolve your complaint.

Arbitration. If the complaint is not resolved as described above, then the dispute will be resolved by binding arbitration between the parties. You and us agree to exclusively submit to arbitration under the rules of the American Arbitration Association any disputes relating to your use of the PROGRAM Service. Any such arbitration, to the extent necessary, shall be conducted in the State of New York. You agree and covenant not to file a lawsuit, but instead will file a demand for arbitration through the American Arbitration Association.

Governing Law. These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Waiver of Class Action. You hereby waive and cannot request or join a class action lawsuit for any disputes you have with us related to your use of the PROGRAM Service.

Waiver of Jury Trial. You hereby waive and cannot request a jury trial for any disputes you have with us related to your use of the PROGRAM Service.

Acknowledgments. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the PROGRAM Service or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL IN A COURT OF LAW OR BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER COMPLETION OR TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM SERVICE OR ONE (1) YEAR AFTER SUCH CLAIM AROSE, WHICHEVER IS LATER, OR IT IS FOREVER BARRED.

15. Contact Us

Hilbert College c/o Program Administrator
1050 Crown Pointe Parkway, Suite 300
Atlanta, GA 30338
Email: hilbertstudentsupport@stackroute.com
Phone: (716) 313-2650