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Terms of Use

APG ACADEMY - TERMS OF USE

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY COURSE, WEBSITE, FORUM, CHATROOM, NEWSGROUP, BULLETIN BOARD, MAILING LIST, TRANSACTION OR OTHER ON-LINE SERVICE MADE AVAILABLE BY APG ACADEMY AND ITS RELATED WEBSITES ("SITE" OR "SITES"). BY USING AND PARTICIPATING IN THE SITES, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND APG ACADEMY AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES.

Right of Modification

We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

Disclaimer

Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by APG ACADEMY or its participating institutions. By posting to or viewing such forums, you agree that APG ACADEMY and any of its participating institutions are not responsible or liable for the content of any postings therein. APG ACADEMY reserves the right (but not the obligation) to remove any content from such forums in its discretion.

Rules for Online Conduct

You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site, or on any other APG ACADEMY computing resources:

·       Content that defames, harasses or threatens others

·       Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities

·       Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets

·       Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties

·       Material that contains obscene (i.e., pornographic) language or images

·       Advertising, promotional materials, or any form of commercial solicitation

·       Content that otherwise harms other users or visitors to the Sites

·       Content that is otherwise unlawful or that violates any applicable local, state, national or international law.

·       Content that probes, scans, or tests the vulnerability of any system or network

·       Content that breaches or otherwise circumvents any security measures

·       Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites

·       Content that plants malware or otherwise uses the Sites to distribute malware

Although APG ACADEMY does not routinely screen or monitor content posted by users to the Site, APG ACADEMY reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use; (b) use APG ACADEMY’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.

Online Course and Certifications

The Sites will, from time to time, offer online courses in a specific area of study or on a particular topic (an “Online Course”). APG ACADEMY and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.

For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors and the Participating Institutions, you may be awarded a statement acknowledging your completion of the class ("Statement of Accomplishment"). This Statement of Accomplishment, if provided to you, would be from CourseraAPG ACADEMY. You acknowledge that the Statement of Accomplishment, if provided to you, may not be affiliated with APG ACADEMY or any college or university. Further, APG ACADEMY offers the right to offer or not offer any such Statement of Accomplishment for a class. You acknowledge that the Statement of Accomplishment, and APG ACADEMY’s Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither the instructors of any Online Course will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by APG ACADEMY. The format of the Statement of Accomplishment will be determined at the discretion of APG ACADEMY and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.

You may not take any Online Course offered by APG ACADEMY or use any Statement of Accomplishment as part of any tuition-based or for-credit certification or program for any college, university, or other academic institution without the express written permission from APG ACADEMY. Such use of an Online Course or Statement of Accomplishment is a violation of these Terms of Use.

Permission to Use Materials

All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of APG ACADEMY and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the French and foreign laws. In consideration for your agreement to the terms and conditions contained here, APG ACADEMY grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.

In connection with your participation in an Online Course, you will have the ability to access or download content or other course-related materials provided by other Users taking the course. While APG ACADEMY requires Users to comply with the APG ACADEMY Terms of Service in providing User Content, APG ACADEMY cannot guarantee that any such User Content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm your computer, tablet, hand-held device or any programs or files therein. APG ACADEMY disclaims any responsibility or liability relating to your access or download of such User Content. Accordingly, APG ACADEMY recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.

User Material Submission

The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites’ public forums such as the wiki or the discussion forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the politique de confidentialité, you grant APG ACADEMY and the Participating Institutions a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to APG ACADEMY and the Participating Institutions that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit APG ACADEMY and the Participating Institutions to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and APG ACADEMY, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Sites may also provide you with ability to upload or send information to APG ACADEMY regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant APG ACADEMY an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

Links to Other Sites

The Sites may include hyperlinks to sites maintained or controlled by others. Neither APG ACADEMY nor the Participating Institutions are responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.

Fees and Taxes

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. APG ACADEMY reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site.

Choice of Law/Forum Selection

Sites are managed by APG ACADEMY, located in Paris (FRANCE). You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the French laws excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located Paris (FRANCE) as the legal forum for any such dispute.

Disclaimer of Warranty / Limitation of Liabilities

THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. APG ACADEMY AND ITS PARTICIPATING INSTITUTIONS, THEIR INSTRUCTORS AND THEIR STAFF (THE “APG ACADEMY PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE APG ACADEMY PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE APG ACADEMY PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITES WILL BE CORRECTED. NONE OF THE APG ACADEMY PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE APG ACADEMY PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE APG ACADEMY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITES.

EXCEPT AS PROHIBITED BY LAW, THE APG ACADEMY WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. APG ACADEMY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE APG ACADEMY SITES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY APG ACADEMY FROM THE USER FOR THE USE OF THE APG ACADEMY SITES DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE APG ACADEMY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO APG ACADEMY'S ABILITY TO MAKE THE APG ACADEMY SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE APG ACADEMY SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend and hold harmless APG ACADEMY and each of its respective officers, directors, agents, employees, and assignees, including the instructors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites or Online Course in violation of the Terms of Use; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites or through the Online Course, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights

You agree that each of APG ACADEMY and the Participating Institutions, in their sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that none of the APG ACADEMY Parties shall have any liability to you for any such action. You further acknowledge that for the purpose of any APG ACADEMY course your sole relationship with APG ACADEMY and the Participating Institution is as defined in these Terms of Use; for the avoidance of doubt, you do not have student status through a APG ACADEMY course and you are not entitled to any grievance or other resolution process for student disputes.. You further agree that APG ACADEMY has the right to cancel, delay, reschedule or alter the format of any Online Course at any time, and that none of the APG ACADEMY Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to APG ACADEMY.