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���۴�ý Web Site Terms and Conditions of Use

Last updated: 3/5/24

Welcome

The ���۴�ý, Inc. (“University,” “us” or “we”) thank you for choosing to visit this web site. These web site Terms and Conditions of Use ("Terms of Use") apply to your access to, and use of, the University's web site located at www.phoenix.edu as well as any other University-controlled sites, regardless of domain name or IP address (collectively "Site" or "Sites"). The term “Site” or “Sites” shall include the features and applications accessible through, or in connection with, the Sites and any software that we provide to you that allows access to the Site or the Services from a mobile device (“App” or “Apps”) (collectively the “Services”). Services may be subject to additional terms and conditions, including those not set forth in these Terms of Use (collectively "Additional Terms"), and your use of such Services constitutes your agreement to all applicable Additional Terms, and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the University for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by the University.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE UNIVERSITY, THE TERMS OF WHICH GOVERN YOUR USE OF THE SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

Modifications to Terms of Use

The University reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Services, at any time and in its sole discretion. If the University changes or modifies these Terms of Use, the University will post the updated Terms of Use on the Services and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. In the event of material alterations to these Terms of Use, the University will email you at the email address you have on file to notify you of such alterations or otherwise notify you of such changes through the Sites. Your continued use of any of the Services following the posting of changes or modifications, or, in the case of a material alteration, your continued use after having been provided notice, will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check the Services to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Services.

Privacy Policy

Please refer to the University’s Privacy Policy for information on how the University collects, uses and discloses your personal information.

If you become a student, your educational information that is part of your educational record with us is subject to the U.S. Federal Family Educational Rights and Privacy Act (FERPA), state laws and the University's policies (collectively “Student Educational Records Requirements”). In the event of any conflict between Student Educational Records Requirements and these Terms of Use, the Student Educational Records Requirements will take precedence. Students have the right to limit access to their educational records and to request a copy of such records, as set forth in the University’s Consumer Information Guide under the “Consumer Policies and Code of Conduct” section.

Employees and Contractors

If you are an employee or contractor of the University, you have certain responsibilities with respect to your conduct as set forth in University’s policies. Your conduct on the Services is subject to and must fully conform with: a.) the terms set out in the University’s policies b.) any Additional Terms set out on the Service(s) and c.) any other employment agreements or acknowledgements that may be applicable to you. Violation of any University policies and procedures, employment agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in the University’s sole discretion, up to and including termination of your employment, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any University policy, or other term of employment, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific employment agreement or acknowledgment; b.) the University’s policies; and c.) these Terms of Use. Notwithstanding the previous sentence, the University reserves the right to resolve any such conflicts in their sole discretion.

Copyright and Limited License from the University

Unless otherwise indicated in the Services, all content and other materials on the foregoing, including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the University, its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

• resell, lease, transfer, lend, timeshare, syndicate or commercially use the Site Materials or the Services;
• decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site Materials or the Services;
• distribute, publicly perform or publicly display the Site Materials or the Services;
• modify, adapt, translate, or create any derivative works of the Site Materials or the Services or any portion thereof;
• use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
• download, index or in any non-transitory manner store or cache any portion of the Site Materials or the Services or any information contained therein, except as expressly permitted thereon;
• remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site Materials or the Services;
• create or attempt to create a substitute or similar service or product through the use of or access to the Site Materials or the Services or any proprietary information related thereto; or
• use the Site Materials or the Services other than for its intended purpose.

Any use or attempted use of the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the University, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the University's sole discretion.

Unless otherwise specified in these Terms of Use, all information and screens appearing on or in the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the University.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Apps

The University may make Apps available to access its Sites via a mobile device.  To use the Apps, you must have a compatible mobile device.  The University does not warrant that the Apps will be compatible with your mobile device.  The University hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps.  You acknowledge that the University may from time to time issue upgraded versions of the Apps and may automatically electronically upgrade the version of the App that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Apps or any copy thereof, and the University and its third party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copy of the Apps).  Standard carrier data charges may apply to your use of the Apps.

The following additional terms and conditions apply with respect to any Apps that the University provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between you and the University only and not with Apple, Inc. (“Apple”).
• Your use of the University’s iOS App must comply with Apple’s then-current App Store Terms of Service.
• The University, and not Apple, is solely responsible for our iOS App and the Services and Site Materials available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that the University, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
• You agree that the University, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms of Use as they relate to your license of the University’s iOS App.  Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any Apps that the University provides to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms of Use are between you and the University only and not with Google, Inc. (“Google”).
• Your use of the University’s Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App.  The University, and not Google, is solely responsible for our Android App and the Services and Site Materials available thereon.  Google has no obligation or liability to you with respect to the University’s Android App or these Terms of Use.
• You acknowledge and agree that Google is a third party beneficiary to the Terms of Use as they relate to the University’s Android App.

Accounts

In order to use certain features of the Services, you will be required to create or be logged into a student account. In order to register for an account, you represent you are at least eighteen years of age, and must:

• provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data");
• maintain and be solely responsible for the security and confidentiality of your login credentials, including your password and identification;
• not allow any other person to access your account, or use another person’s account;
• maintain and promptly update the Registration Data, and any other information you provide to the University, to keep it accurate, current and complete; and
• accept all risks of unauthorized access to the Registration Data and any other information you provide to the University.

Communications

The Services provide methods to contact us via text, email, and chat. All use of these contact methods are subject to our Privacy Policy. Our chat box may be either live or automated and be provided by us or a third party.

If you elect to receive text messages from us, including marketing text messages, either via our Site or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us or by going to our Unsubscribe page. For help, reply “HELP” to any Text Message you receive.

Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.  Text Message services are provided on an “AS IS” basis.  By electing to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us.  If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the University will terminate, in appropriate circumstances and at the University’s sole discretion, users, subscribers or account holders who are deemed to be repeat infringers of intellectual property rights. The University may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Notwithstanding the foregoing, users who are students of the University will also be subject to the policies and procedures set forth in our Consumer Information Guide, which policies and procedures are in addition to these Terms of Use. All employees of the University will also be subject to the University’s employee policies and procedures in addition to these Terms of Use.

Copyright Complaints

If you believe that any material on any of the Services infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Tim West, Associate General Counsel/Chief Privacy Counsel
Full Address of Designated Agent to Which Notification Should be Sent: 4035 S. Riverpoint Parkway, ���۴�ý, Arizona 85040
Telephone Number of Designated Agent: 602-557-1661
E-Mail Address of Designated Agent: copyrightagent@phoenix.edu

To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site or App are covered by a single notification, a representative list of such works at that Site or App.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit our or our designee's contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
• A statement that the Complaining Party has 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.
• 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.

Upon receipt of such notification, the University or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at the University's sole option: a general notice on the Services, electronic mail to the content provider's email address in our records, or by written communication sent by first-class mail to such user's postal address in our records.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the Designated Agent a written communication containing the following:

• A physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complaining Party who submitted the infringement notification or his, her or its principal or agent.

Upon receipt of such counter notification, the University will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform the Complaining Party or entity that the University will replace the removed material or cease disabling access to it in 10 business days. The University will replace the removed material and cease disabling access to it between 10 and 14 business days following receipt of the counter notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Service(s).

Trademarks

All logos and any other product or service name or slogan contained in the Services are trademarks of the University, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the University or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "���۴�ý" or any other name, trademark or product or service name of the University without our express prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the University and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the University.

Hyperlinks

The University makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party web sites accessible by hyperlink from the Services. Such sites are not under the control of the University, and the University is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The University provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the University of any site or any information contained therein. When you leave the Services, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Services will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Services for noncommercial purposes, provided such link does not portray the University or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in the University's sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the University logo or other proprietary graphic of the University to link to the Services without the express prior written permission of the University. Further, you may not use, frame or utilize framing techniques to enclose any University trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without the University's express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the University or any third party.

Third Party Content and Applications

In addition to official pages on the Services containing the content of the University in support of the University's mission or related administrative business, our Services may include third party content on the Services and may provide links to web sites and content of third parties, including embedded content (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of the University. In addition, the Services may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). The University does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The University is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.

Third Party Products, Services, Advertisements and Promotions

The University may provide information about or links to third party products or services on the Services or may run third party advertisements or promotions on the Services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The University is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-University advertisers or third party information on the Services.

Microsoft Applications

The University may provide access through the Services to certain Third Party Applications ("Microsoft Online Services") owned and operated by Microsoft, Inc. ("Microsoft"). By using Microsoft Online Services, you agree to be bound by and comply with the  and any other applicable Microsoft terms or conditions.

Google Geo-Location

The Services include and make use of certain functionality and services provided by third parties, including Google, that allow the University to include maps, geocoding, places and other Site Materials as part of the Services (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current  and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

User Content and Conduct

The Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Services ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.

If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Services, or collecting names and emails addresses for the purpose of sending unsolicited emails;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgment of the University, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose the University or its users to any harm or liability of any type.

This list of prohibitions provides examples and is not complete or exclusive.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.

In addition, if you are a student at the University, you have certain responsibilities with respect to your conduct as set forth in the "Student Code of Conduct", the University policies regarding student use of computing resources and other applicable policies contained in our Consumer Information Guide. Your conduct on the Services is subject to and must fully conform with these policies. Policy violations may result in appropriate disciplinary action in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use and any policy in our Consumer Information Guide, the Consumer Information Guide policies shall take precedence. Notwithstanding the previous sentence, the University reserves the right to resolve any such conflicts in its sole discretion.

You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.

Any use of the Interactive Areas or other portions of the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site Materials or the Services.

The University takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is the University liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the University is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, the University has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, the University reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Services at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the University's systems and customers, or to ensure the integrity and operation of the University's business and systems, the University may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The University's right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the University's Privacy Policy.

Except as explicitly indicated in these Terms of Use, or unless otherwise indicated on or in connection with your use of the Services, if you post User Content to any of the Services, you retain all rights in and to such User Content. You grant the University, its affiliates, and third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the University and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that the University has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content, and the University will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No compensation or royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate the University to sell, license or offer to sell or license any advertising, promotion or distribution rights. You represent and warrant that:

• you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services and license such User Content to the University and its affiliates as herein provided;
• the User Content is accurate and not misleading; and
• use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Submissions Relating to Site(s) or Services

You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Services or the University provided by you by participating in surveys hosted by the University, or any third party vendors, on the Services or other sites, in the form of email, or any other submissions to the University, or any postings on the Services, are non-confidential and shall be the sole property of the University, and that upon submission of such materials to the University, you thereby assign without additional consideration all right, title or interest you may hold in such materials to the University. The University shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Export Restrictions

Any software and all underlying information and technology downloaded or viewed in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774) and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Financial Material Disclosure

The Services, and any documents issued by the University and available through the Services, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, as amended. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The University does not undertake any obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by the University should not be deemed accurate or current except as of the date the release is posted. The University does not have the intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.

Third Party Financial Information. The University may provide links to third party web sites or services that contain financial or investment information about the University. As with all third party web sites, Third Party Content and Third Party Applications, access to such web sites and the information contained therein is provided as a convenience. The University does not monitor or have control over the content of third parties' statements or web sites. Accordingly, the University does not endorse, confirm or adopt these web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes in any way relating to the University, any third party or otherwise. The University does not make any representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third party web sites or other third party information that is identified on the Services. Users visit these web sites and use the information contained therein at their own risk.

Feedback

Any comments, questions, ideas, suggestions, or similar materials that you submit to us related to the Services (collectively, “Feedback”) through any communication whatsoever (e.g., call, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Indemnification

You agree to defend, indemnify and hold harmless the University, its shareholders and its/their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the  Services and any User Content you post, store or otherwise transmit on or through the Services, or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the University, its shareholders and/or its/their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your use of the Services, your conduct, or your violation of these Terms of Use, the Microsoft Online Services Acceptable Use Policy, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.

Disclaimer

THE SERVICES AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE UNIVERSITY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SERVICES. THE UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UNIVERSITY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE UNIVERSITY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, THE UNIVERSITY CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The University reserves the right to change or delete any and all Site Materials or User Content contained in or offered through the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the University.

Limitation of Liability

IN NO EVENT SHALL THE UNIVERSITY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT, SITE MATERIALS, OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE UNIVERSITY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE UNIVERSITY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UNIVERSITY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT OR OTHER MATERIALS AVAILABLE THEREON, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE UNIVERSITY FOR ACCESS TO OR USE OF THE SERVICES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SERVICES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY ELECTRONIC MATERIALS FEES TO THE UNIVERSITY, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SERVICES.

Cooperation With Law Enforcement

The University will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE UNIVERSITY HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

Applicable Law and Venue

These Terms of Use and your use of the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Maricopa County, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding anything to the contrary in these Terms of Use, the University reserves the right, without notice and in its sole discretion, to terminate your license to use the Services or any portion thereof, and to block or prevent your future access to and use of any of the Services. The University is not liable to you or any third party for damages relating to such termination or suspension of your access or use of the Services, or in the event that the University modifies, discontinues or restricts the availability of the Services (in whole or in part).

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by the ���۴�ý, 4025 S. Riverpoint Parkway, ���۴�ý, AZ 85040 866.766.0766.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact

If you have questions about these Terms of Use, please contact us at Office.ComplianceUOPX@phoenix.edu or by mail at:

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Ethics, Compliance, and Data Privacy
4035 S. Riverpoint Parkway
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