Terms of Use

Terms of Service for Broadview Education Consortium Websites

IMPORTANT – PLEASE READ:

Welcome! This website is provided by Broadview Education Consortium (“BEC”). The following terms and conditions (“Terms of Use”) apply to your use of this and any affiliated BEC websites, and any of the information, content, features or services made available thereby (“BEC Websites and Services”). This Terms of Use constitutes a legal agreement between you and BEC.

Please carefully review this Terms of Use before using the BEC Websites and Services. By accessing, downloading or otherwise using the BEC Websites and Services, you agree to be bound by this Terms of Use, without qualification or limitation. If you do not agree to or cannot comply with this Terms of Use, DO NOT use the BEC Websites and Services. If you are dissatisfied with this Terms of Use or the BEC Websites and Services, you agree that your sole and exclusive remedy is to discontinue using the BEC Websites and Services.

  1. Changes to this Terms of Use Agreement.

This Terms of Use is subject to change by BEC at any time in its sole discretion. Your use of the BEC Websites and Services after such changes are implemented constitutes your acknowledgment and acceptance of such changes. It is your responsibility to periodically visit this web site to review the current terms and conditions to which you are bound. If you do not accept any change, DO NOT access or use the BEC Websites and Services. Other BEC Websites and Services may have their own terms of use which apply to such BEC Websites and Services.

BEC reserves the right to make changes, update, suspend or discontinue any aspect or feature of the BEC Websites and Services at any time without notice. BEC reserves the right to terminate or restrict access to the BEC Websites and Services, or to impose limits on certain features or services, without notice or liability to you for any reason whatsoever at its sole discretion.

  1. Additional Terms.

Certain features, products, materials, services, information or specific content contained on or available through the BEC Websites and Services, whether by BEC or any of its third party information providers, may be governed by additional terms of use and/or agreements presented in conjunction with those features (“Additional Terms”). You must agree to the Additional Terms before using those features. The Additional Terms and this Terms of Use shall apply equally. In the event of an inconsistency between any Additional Terms and the Terms of Use, the Additional Terms will supersede this Terms of Use. If you do not agree to any Additional Terms which apply to specific content or to particular transactions concluded through the BEC Websites and Services, then you may NOT use that part of the BEC Websites and Services.

  1. Registration.

To access certain areas of the BEC Websites and Services, you may be asked to create and/or be provided an account to login and access the BEC Websites and Services. It is a condition of your use of the BEC Websites and Services that all registration details you provide are and will continue to be correct, current and complete. You agree to maintain accurate information about yourself as required by a BEC registration processes. You agree to establish and maintain reasonable measures and controls to ensure compliance with this Terms of Use and to prevent the unauthorized use of the BEC Websites and Services. You should keep any correspondence you receive relating to the BEC Websites and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails or any other information) confidential and in a safe place. If others have access to your computer, user ID or password, or other personal information, they may be able to access information you have obtained from the BEC Websites and Services. You shall be fully responsible for all activities that occur by use of your password or user ID. Further, you agree not to use any other party’s user ID and Password for any purpose whatsoever without proper authorization from such party. You agree to notify BEC if you learn of or suspect any loss or unauthorized use of your login information (user ID or password) at the address below. BEC is not responsible for the security of your Internet access services provider and you should review those security and privacy policies carefully.

  1. Ownership of Intellectual Property Rights.

All content included or available through BEC Websites and Services, including website design, text, graphics, interfaces, and the selection and arrangements thereof, is protected as the copyrights or other intellectual properties of BEC or its licensors, and is protected by law, including, but not limited to, United States copyright laws and international treaties. Except for the limited license rights expressly granted herein, BEC and its licensors retain all right, title and interest in and to the BEC Websites and Services (including, but not limited to, any images, animations, video, audio and text). All right, title and interest in and to any third party content which may be accessed through use of the BEC Websites and Services is the property of the respective content owner. This Terms of Use grants you no rights to use such third party content. Any software is licensed, not sold.

Broadview Education Consortium℠, Institute of Production and Recording, Minnesota School of Cosmetology and Broadview University, are among the trade names, trademarks, service marks, Internet domain names and registered trademarks of BEC and its affiliates, and are protected, without limitation, by U.S. trademark laws and international treaties. They may not be used in connection with any product or service that is not provided by BEC, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits BEC or its affiliates. Other titles, logos, designs, products, services and company names displayed on the BEC Websites and Services may be the trademarks and/or service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. This website’s use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with BEC.

All rights not expressly granted herein are reserved by BEC.

  1. Limited License Grant; Permission to Print and Copy.

BEC grants you a non-exclusive, non-transferable, non-sublicenseable, revocable and limited license to access and use the applicable BEC Websites and Services, including to display, copy, distribute and download its content, only for your personal, non-commercial and lawful use (in object code form only), on a single personal computer or hand held computing device operated by you or under your control, running the operating system for which the BEC Websites and Services are designed for use in the United States. Except as may otherwise be provided, you may print, download or make copies of content from the BEC Websites and Services in unmodified form for personal, non-commercial use only. Any other use of such content, including without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of BEC is strictly prohibited. This license terminates automatically if you breach this Terms of Use.  To use the BEC Websites and Services, you need a recent version available of an industry standard web browser that is compatible with current secure session encryption methods. Any other use of materials on the BEC Websites and Services, including, but not limited to, reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without prior written permission of BEC is strictly prohibited.

You may only use the BEC Websites and Services in a manner that complies with: (a) this Terms of Use; (b) any applicable BEC documentation, policies, rules and guidelines, as may be revised from time to time and posted online or otherwise provided to you; and (c) applicable laws and regulations. BEC may, at any time and without notice, prohibit access to the BEC Websites and Services to any individuals whom BEC determines are using the BEC Websites and Services in a way not permitted under this Terms of Use, who are restricting or prohibiting any other user from using or enjoying the BEC Websites and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law. BEC may monitor your use of the BEC Websites and Services to ensure compliance with this Terms of Use.

  1. Restrictions

You shall not yourself, or through any affiliate, agent or third party: (a) sell, rent, lease, distribute, license, sublicense, assign or otherwise transfer (including by loan or gift) any full or partial copies of the BEC Websites and Services; (b) use the BEC Websites and Services to provide services such as timesharing, outsourcing, hosting, or processing services to third parties or otherwise use the BEC Websites and Services to function on a service bureau basis or as an application service provider; (c) remove any trademark, copyright notice, label, licensing information or other proprietary notices contained in the content made available through the BEC Websites and Services (and shall reproduce such notices on any copies of the content you make in connection with your permitted use of the BEC Websites and Services); (d) decompile, disassemble or otherwise reverse engineer the BEC Websites and Services; (e) use any robot, spider, other automatic devices or manual process to monitor or copy the BEC Websites and Services (or any portion thereof); (f) modify the BEC Websites and Services in any way or create derivative works based on the BEC Websites and Services; (g) use the BEC Websites and Services for benchmarking or performance testing; (h) use the BEC Websites and Services to infringe the copyrights or other intellectual property rights of others in any way; (i) use the BEC Websites and Services to log or otherwise collect information about other users, including without limitation, nonpublic personal data, protected health information, IP addresses, e-mail addresses and time and date of transmissions; (j) interfere with or disrupt the service, servers or network that the BEC Websites and Services connects, including without limitation, any action that imposes an unreasonable or disproportionately large load on the BEC Websites and Services or otherwise interferes with its functioning; (k) attempt to gain unauthorized access to the BEC Websites and Services or to any other BEC system or data (commonly referred to as “hacking”); (l) make any unauthorized change to any data or information supplied through the BEC Websites and Services; or (m) use the BEC Websites and Services to store, distribute or transmit any unlawful, harmful, threatening, defamatory, obscene or harassing material or information, including any computer virus or other harmful software.

You will promptly notify BEC of any unauthorized disclosure, reproduction or distribution of the BEC Websites and Services which comes to your attention or which you reasonably suspect. You agree to reasonably cooperate with BEC in any investigation and remediation of any security, unauthorized use or misuse issues arising from or related to your use of the BEC Websites and Services.

  1. Links to Other Websites.

The BEC Websites and Services may provide links to other websites and resources that are not under the control of BEC. BEC will not be responsible in any way for the content of such other websites. BEC provides such links only as a convenience to the users of the BEC Websites and Services, and the inclusion of any link to any such websites does not imply endorsement, sponsorship or recommendation of or affiliation with the third party or its products and services by BEC. When you click on one of these linked resources, you may be moving to a third party’s website. BEC cannot control the activities of any such third party once you leave the BEC Websites and Services, and makes no representation whatsoever about any other website which you may access through the BEC Websites and Services, or any information, software or other products or materials found there, or any results that may be obtained by using them. BEC encourages you to carefully review the terms of use and privacy policies of these linked websites before you visit such websites or provide any personally identifiable information about yourself. It is up to you to ensure that whatever you select for your use is free from such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so at your own risk.

  1. Linking to Broadview Education Consortium Websites.

All links to BEC Websites and Services must appear as hypertext, without use of any BEC logos unless otherwise authorized by BEC (a “hyperlink” is a tool that allows an end user to be connected to a different web page or website simply by clicking on the hyperlink). Do not use a hyperlink to present work created by BEC as your own. Without the advance written consent of BEC, third parties may not hyperlink to the BEC Websites and Services, unless clear and unmistakable notice is provided to the end user that it is exiting the third-party website and entering the applicable BEC Websites and Services. Deep-linking is strictly prohibited unless approved by BEC in writing (a “deep-link” is a hyperlink that bypasses a website’s home page and brings an end user directly to an interior page – potentially missing critical privacy and terms of use policies). Do not frame any content created by BEC (framing is an alternative form of linking that allows an end user to view a linked web page within a “frame” of the original). Framing confuses and misleads the public as to the origin of the framed materials. Do not use any BEC name in the meta or alt tags of your website (such “tags” provide information about the web page which search engines use to index content and prioritize search results). Do not re-host any BEC web pages or content without written permission from BEC (“re-hosting” is displaying a copy of web pages owned by BEC which resides on your server). Re-hosting is considered to be an improper reproduction of BEC copyrighted materials.

  1. Submissions.

Any material or information sent through or in connection with the BEC Websites and Services by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of BEC, subject to the BEC Privacy Policy. BEC may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

  1. Interactive Elements of the BEC Websites and Services.

The BEC Websites and Services may contain chat rooms, bulletin boards or other message or communications facilities (“Forums”). You agree to use any such Forums only to send and receive content that is proper and related to the particular Forum. You agree, when taking advantage of such Forums, not to do any of the following: (a) disseminate or transmit any material that may be malicious, threatening, abusive, vulgar, obscene, pornographic, defamatory, harassing or that advocates, promotes or otherwise encourages violence against any government, group, organization or individual, or which provides instruction, information or assistance in causing or carrying out such violence; (b) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any third party; (c) create a false identity or otherwise attempt to mislead any person as to the identity, source or origin of any communication; (d) disseminate or transmit any virus, Trojan horse, or other harmful or disabling data, code or program; (e) delete any author attributions, legal notices or proprietary designations in any file that is uploaded; (f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters; or (g) download any file that you know, or should reasonably know, cannot be legally downloaded or distributed. BEC is not responsible for messages, images, text or other materials submitted to it, including without limitation, content posted on bulletin boards, chat rooms or other communication facilities.

You agree that BEC is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication sent to BEC, including without limitation, responses to questionnaires or through postings to Forums, without further compensation, acknowledgment or payment to you, for any purpose whatsoever including, but not limited to, modifying or improving the BEC Websites and Services, and BEC products and services. BEC reserves the absolute right to delete any material posted to the BEC Websites and Services without notice.

  1. Procedure for Making Claims of Copyright Infringement.

BEC respects the intellectual property rights of others, and expects its users to do the same. Upon receiving proper notice, BEC will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to BEC at the following terms@broadviewuniversity.edu. When notifying BEC of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

  1. Support.

Nothing in this Terms of Use shall obligate BEC to provide any support or training for the BEC Websites and Services, including without limitation, any obligation to correct any defects or provide any updates to the BEC Websites and Services. You are responsible for any and all telecommunication services, Internet access, hardware and third party software necessary or helpful for you to access the BEC Websites and Services. BEC will provide its recommended hardware and software configurations upon request.

  1. WARRANTY DISCLAIMER.

Although care has been taken to ensure the accuracy of the information on the BEC Websites and Services, BEC AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, ABECTS, REPRESENTATIVES, SUPPLIERS AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “REPRESENTATIVES”) assumes no responsibility therefor. THE BEC WEBSITES AND SERVICES, AND ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” BEC HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE BEC WEBSITES AND SERVICES OR THE CONTENT. BEC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. BEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE BEC WEBSITES AND SERVICES. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. BEC DOES NOT WARRANT THAT THE BEC WEBSITES AND SERVICES OR THE SERVERS WHICH MAKE THE BEC WEBSITES AND SERVICES AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY BEC ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. YOU ACKNOWLEDGE THAT CERTAIN CONTENT AND/OR SERVICES PROVIDED HEREUNDER MAY BE PROVIDED BY A THIRD PARTY, AND THAT BEC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE PRODUCTS, SERVICES OR ACTIONS OF THIRD PARTIES, AND YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES WITH RESPECT TO ANY THIRD PARTY MATERIALS ARE AGAINST THE THIRD PARTY VENDOR AND NOT AGAINST BEC.

  1. LIMITED LIABILITY OF BROADVIEW EDUCATION CONSORTIUM.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEC OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE BEC WEBSITES AND SERVICES, OR TO ANY LINKED WEBSITE, OR FOR NAY INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE BEC WEBSITES AND SERVICES, EVEN IF BEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification.

You hereby agree to indemnify and hold harmless BEC and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by BEC and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use, or other terms and conditions or policies set forth elsewhere on this website.

  1. Personal Information.

Personal information provided or collected through or in connection with the BEC Websites and Services shall only be used in accordance with the BEC Privacy Policy, which is hereby incorporated into this Terms of Use.

  1. Termination.

BEC, in its sole discretion, may terminate or restrict your use or access to the BEC Websites and Services (or any part thereof) for any reason, including without limitation, if BEC believes you have violated or acted inconsistently with the letter or spirit of this Terms of Use, or if you are in breach of this Terms of Use.

  1. General Provisions; Legal Notice.

This Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. The heading references herein are for convenience purposes only and do not constitute a part of this Terms of Use. The BEC Websites and Services are created and/or controlled by BEC in the State of Minnesota, and this Terms of Use is governed by the laws of the State of Minnesota, without regard to any applicable conflict of laws provisions. You agree that the exclusive jurisdiction for any and all disputes arising out of this Terms of Use or the BEC Websites and Services shall be in either a federal or state court located in Minnesota, and you agree to submit to the personal jurisdiction of such courts, and irrevocably waive any objection of lack of personal jurisdiction or inconvenient forum. If any part of this Terms of Use is determined to be unlawful, void or unenforceable by a court of competent jurisdiction, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Nothing in this Terms of Use is intended to, or shall, create any third party beneficiary, whether intended or incidental. BEC shall be entitled to recover its attorneys’ fees and costs incurred in enforcing any rights arising out of or relating to this Terms of Use. The waiver by BEC of a breach of any obligation by you shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Terms of Use. You expressly acknowledge and agree that the provisions of this Agreement, which by their express or implied terms, extend beyond the termination or expiration of this Terms of Use, shall continue in full force and effect notwithstanding the termination or expiration of this Terms of Use, including without limitation, provisions relating to proprietary rights, indemnification, restricted use, warranties and governing law.

  1. Contacting Broadview Education Consortium.

By Mail:

Broadview Education Consortium

8089 Globe Drive

Woodbury, MN 55125

By Telephone:

877-480-3335

By Facsimile:

651-332-8001

By e-mail:

terms@broadviewuniversity.edu

Additional contact information may be provided in connection with the applicable BEC Websites and Services via the links below. Please include your name and telephone number in any correspondence.

BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT SO AGREE, YOU MAY NOT USE THE BEC WEBSITES AND SERVICES.

This Terms of Use was last revised November 2018.

Copyright © 2018 Broadview Education Consortium. All rights reserved.