Last Updated: September 10, 2015. Effective: September 10, 2015.
Welcome to the Penn Foster B2B Website (the “Site”). We are glad you are interested in Penn Foster, Inc. (“Penn Foster”) and hope that your interest in our educational programs and commitment to making education available to non-traditional students is heightened by what you find here. The terms and conditions which govern your use of the Site, including the terms under which Penn Foster collects and uses certain information from Site visitors, are set forth below (the “Site Terms”). By engaging in any activity on this Site, including reading or downloading content on or from the Site, you are agreeing to be legally bound by the Site Terms, so we ask that you please read the Site Terms carefully.
- Site Content; Trademarks. The term “Site Content” refers to any content or materials displayed on or available through the Site, whether in images, graphics, text, music, video or other form, and whether created by Penn Foster or a third party. Trademarks, service marks and logos (collectively “Trademarks”) are also considered to be Site Content.
- Site Content Usage Rules; Copyright and Trademark Restrictions. The Site Content is protected by United States copyright and trademark law and by international copyright and trademark laws and treaties. You are allowed to view, print and/or download Site Content only for your personal, non-commercial purposes. You are not otherwise authorized to copy, distribute, republish, transmit, exploit, modify, commercially exploit or use Site Content unless the copyright holder for that Site Content expressly authorizes you to do so. Trademarks on the Site are owned by Penn Foster or third parties and may not be used by you or any third party in any context or for any purpose without the prior written consent of the Trademark owner. For avoidance of doubt, nothing in these Site Terms is intended to convey to you, directly or indirectly, in whole or in part, any rights, license or interest to or in Site Content.
- Collection of Site User Information. There are two types of information we may collect from visitors to the Site:
- Personally Identifiable Information: This is information that is identifiable to you, as an individual, which you may provide to the Site in connection with requests for additional information or communications; and
- Non-Personally Identifiable Information: This is information often collected and stored automatically by websites from visitors to their sites in order to track website usage; Non-Personally Identifiable Information may include, for example, computer and server IP addresses, browser versions, referring websites, search terms used, pages most visited, duration and time of visit, and geographic location, but this information is not directly linked to you personally.
- Use of Site User Information.
- Personally Identifiable Information: We do not sell, lease, rent or provide your personally identifiable information (PII) to anyone else for commercial purposes. There are only four situations in which we disclose your PII: (i) to respond to your request for information or further communications, (ii) to the service providers who support the operation of the Site, (iii) as required by law or requested by governmental, regulatory, accrediting, licensing, law enforcement or similar agencies, and (iv) in the context of a merger, acquisition, sale of assets or control, or similar corporate restructuring.
- Non-Personally Identifiable Information: We use non-personally identifiable information to support Site performance and for other business purposes.
- DISCLAIMER ON SITE CONTENT. THE CONTENT ON THE SITES IS PROVIDED “AS IS.” PENN FOSTER DOES NOT WARRANT OR REPRESENT THAT SUCH SITE CONTENT IS WITHOUT ERRORS, IS CURRENT, COMPLETE OR NON-INFRINGING. TO THE FULLEST EXTENT PERMITTED BY LAW, PENN FOSTER EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF RELIABILITY, ACCURACY, USEFULNESS, NON-INFRINGEMENT, OR CURRENCY WITH RESPECT TO SITE CONTENT. TO BE CLEAR, YOUR RELIANCE ON ALL OR ANY PORTION OF SITE CONTENT OR CONTENT ON SITES LINKED TO THIS SITE IS YOUR DECISION AND IS MADE AT YOUR RISK. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
- DISCLAIMER ON SITE PERFORMANCE. PENN FOSTER DOES NOT WARRANT (A) THAT THE SITE OR SITE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE, (B) THAT THE SITE WILL MEET YOUR EXPECTATIONS, OR (B) THAT THE SITE WILL NOT BECOME INFECTED WITH VIRUSES OR MALWARE OR WILL NOT INADVERTENTLY TRANSMIT VIRUSES OR MALWARE TO YOUR COMPUTING DEVICES.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL PENN FOSTER, ITS PREDECESSORS, SUCCESSORS, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INVESTORS, AGENTS, PROFESSIONAL ADVISORS, CLIENTS, OR CONTRACTORS (ALL OF THE FOREGOING ENTITIES AND INDIVIDUALS, COLLECTIVELY, THE “PENN FOSTER PARTIES”) BE LIABLE TO YOU, OR ANY ONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, FOR MORE THAN $5.00 IN AGGREGATE, FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING YOUR USE OF SITE CONTENT OR YOUR INABILITY TO USE THE SITE OR SITE CONTENT, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARISE UNDER LAW OR IN EQUITY, OR ARE BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY OR PRINCIPLE.
- INDEMNIFICATION. YOU AGREE TO PROMPTLY AND FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE PENN FOSTER PARTIES, AND EACH OF THEM, FROM AND AGAINST ANY DAMAGES, LIABILITY OR THIRD PARTY CLAIM, ACTION OR PROCEEDING, INCLUDING ALL COSTS AND EXPENSES (INCLUDING PROFESSIONAL FEES) WHICH ANY SUCH PENN FOSTER PARTIES MAY INCUR IN CONNECTION THEREWITH, AND INCLUDING ANY DAMAGES, COSTS, OR EXPENSES PAYABLE UNDER OR IN CONNECTION WITH ANY RELATED AWARD OR JUDGMENT, IN EACH CASE TO THE EXTENT SUCH DAMAGES, LIABILITY, CLAIM, ACTION OR PROCEEDING ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SITE CONTENT. YOU AGREE THAT PENN FOSTER RESERVES THE RIGHT TO SOLELY AND EXCLUSIVELY CONTROL AND DIRECT THE DEFENSE OR RESPONSE TO ANY SUCH DAMAGE, LIABILITY, CLAIM, ACTION OR PROCEEDING, AT YOUR SOLE EXPENSE AND OTHERWISE SUBJECT TO THE TERMS OF THE INDEMNITY PROVISIONS OF THIS SECTION.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to your use of the Site or any Site Content or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Dispute Resolution. You agree that you will (a) promptly notify Penn Foster of any dispute or claim you may have against any of the Penn Foster Parties arising out of or in connection with these Site Terms or your use of the Site or Site Content, and (b) work with Penn Foster diligently and in good faith to resolve such claim or dispute on reasonable terms. To the extent that such dispute or claim cannot be resolved by such efforts, you voluntarily (a) agree that such dispute or claim shall be resolved solely and exclusively through courts of competent jurisdiction located in the Commonwealth of Pennsylvania (b) submit to the personal jurisdiction and exclusive venue of such courts and waive all objections to the same, including inconvenient forum, and (c) waive your right to a jury.
- Rights to “Opt Out”. If you are receiving emails, texts or similar on line communications from Penn Foster, it is because we understood from your provision of your contact information to the Site that you were interested in receiving ongoing information from us. If at any point you no longer wish to receive such communications, you may at any time “unsubscribe” from these communications by following the ‘opt out’ directions to be found at or near the end of the communication.
- Copyright Protection. If you believe that any Site Content violates your or a third party’s copyright, you should contact Penn Foster at pennfoster.edu. For your notice to be effective (see 17 U.S.C. §512(c)(3)), it needs to include the following:
- your electronic or physical signature;
- sufficient information to identify the copyrighted work that you claim has been infringed;
- a description of the infringing content and the location on the Site of such infringing content;
- your name, address, telephone number and/or email address so that we may contact you;
- the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
- the following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
If Penn Foster receives a valid counter notification complying with the provisions of 17 U.S.C. §512(c)(3) to the effect that the allegedly infringing Site Content was removed as a result of mistake or misidentification, the Site Content may be reinstated.
- Construction of Site Terms. These Site Terms (a) govern your use of the Site and of Site Content, (b) may not be modified, extended, limited, waived or terminated except with the written consent of Penn Foster, and (c) shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of laws principles. If any portion of these Site Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Site Terms and the remaining terms shall remain in full force and effect. The word “including” shall be construed to mean “including but not limited to.”
- Modification to Site Terms. As stated above, Penn Foster reserves the right to modify the Site Terms at any time and will notify Site Users and visitors by posting such modified Site Terms on this webpage.
QUESTIONS or CONCERNS? If you have any questions or concerns about these Site Terms or their application, or for general questions about the Site, please contact Penn Foster at [email protected].
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