TERMS OF SERVICE
Acceptance of these Terms of Service
This Terms of Service Agreement (these “Terms of Service”) states the terms and conditions under which you use and access our products and services, including, without limitation, online courses and information about careers, exams, degrees, (collectively, the “Services”) through any websites or mobile sites owned and operated by Zachariah Institute, LLC (“Zachariah Institute,” “we,” “us” and “our”, collectively the “Site”). Please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations and how disputes between you and Zachariah Institute will be resolved. You acknowledge that certain Services may be subject to additional terms and conditions or other online policies as may be set forth on the Site or if you use the Site and the Services as an employee or agent of a third party who has executed a separate agreement with us (collectively, “Additional Terms”). Your use of such Services constitutes your agreement to these Terms of Service, and all applicable Additional Terms.
The Site is offered and available to users who reside in the United States and are able to enter into binding contracts in the state in which they reside. By using the Services, you represent and warrant that you are of legal age, competent and meet all other lawful requirements to form a binding contract with us and meet the foregoing eligibility requirements. BY ACCESSING OR USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE WHICH INCLUDES THE USE OF ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SITE.
Modifications to the Site and/or Services and These Terms of Service
The Internet and technology are rapidly changing. Accordingly, we may, at any time in our sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Services; and (c) discontinue any part of the Site and/or Services. We will announce material changes to these Terms of Service and other Additional Terms on the Site. If you send us a request with your email address, we will email you the revised Terms of Service or Additional Terms. You further agree to review these Terms of Service and other Additional Terms on the Site periodically to be aware of any revisions. Your continued usage of the Site represents your acceptance of any and all revisions to the Terms of Service.
Your Access to the Site
While any Site visitor can view certain Content, in order to fully use all features of our Services, you must register for the Services and create a personal account for yourself (a “User Account”) by providing your information such as an email address and a password. You are not permitted to borrow, use or reuse any User Account that was already created for another individual. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name, educational objective, location and a form of payment (e.g., credit card number). Additional information may be required to confirm your identity. Provision of required information is a condition of your use of the Services, and you represent and warrant that all the information you provide on the Site is correct, current and complete and does not impersonate any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to any part of the Site using your username, password, or other security information. You agree that you will never divulge, lend, resell, attempt to transfer, or otherwise share access or access information to your User Account with any third party for any reason. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are fully responsible for all use of your login credentials.
Use of the Site and intellectual property rights
You acknowledge that the Site contains Content that is the property of Zachariah Institute, and protected by copyright, patent, or other intellectual property or proprietary intellectual property rights under United States and foreign laws. You also acknowledge that the Content is and shall remain the property of Zachariah Institute. You shall at no time assert any claims of ownership over any Content in connection with your use of the Services.
If you download, copy or print a copy of the Content for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials. You may not create, recreate, distribute or advertise an index of any Content unless authorized by us in writing.
You shall not either directly or through the use of any device, software, Internet site, web-based service or other means, copy, download, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transfer, rent, sub-license, transmit or retransmit Content except as permitted in the Terms of Service.
The Site and Content is only for your personal use. You shall not build a business utilizing Content, whether or not for profit. Content covered by these restrictions include without limitation any text, graphics, layout, interfaces, logos, photographs, audio and video material and stills. You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Content in any way unless it is expressly permitted by Zachariah Institute in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Our Management of this Site/User Misconduct
We may but are not required to (a) monitor or review the Site for violations of these Terms of Service or any Additional Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service or any Additional Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any user that may violate these Terms of Service or any Additional Terms, the law or any of our policies, or are excessive in size or burdensome, without prior notice to you; and/or (d) manage the Site in a manner designed to protect our rights and property or to facilitate the proper functioning of the Site.
Without limiting any other provisions of these Terms of Service or any Additional Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or any Additional Terms, or of any applicable law or regulation.
We offer online courses in a specific area of study, prepare for exams, or on a particular topic (an “Online Course”). We reserve the right to add, edit, remove, cancel, delay, interrupt or reschedule any Online Course or modify its Content or format. You acknowledge that any Statement of Completion, if provided to you, would be from Zachariah Institute and would not constitute an academic credit. Furthermore, Zachariah Institute bears no responsibility for your performance on any exam, and any exam fees incurred are solely your responsibility.
Links to Third Party Websites
The Site may contain links to websites and resources for your convenience. We have not reviewed and are unable to review all such third-party websites and resources. You acknowledge and agree that we are not responsible for the availability of such external websites and resources and the content on them, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such websites. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES AS WELL AS ALL INFORMATION SENT BY ZACHARIAH INSTITUTE TO YOUR MOBILE DEVICE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZACHARIAH INSTITUTE NOR ITS AFFILIATES, PROVIDERS, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, INSTRUCTORS, STAFF, SUCCESSORS OR ASSIGNS (EACH, A “ZACHARIAH INSTITUTE PARTY” AND COLLECTIVELY, “ZACHARIAH INSTITUTE PARTIES”) MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. FURTHER, NEITHER ZACHARIAH INSTITUTE NOR ZACHARIAH INSTITUTE PARTIES REPRESENT OR WARRANT THAT (A) THE SITE, CONTENT, SERVICES, ONLINE COURSES, LINKS, GOODS OR SERVICES PROCURED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR NEEDS, OR ACHIEVE THE INTENDED PURPOSES; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITE, CONTENT, ONLINE COURSES, OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE; (E) THE SITE, CONTENT AND SERVICES WILL BE COMPATIBLE OR CONTINUE TO BE COMPATIBLE WITH ANY SPECIFIC DEVICE; (F) YOU WILL BE ABLE TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE; OR (G) DEFECTS IN OR ON THE SITE OR ONLINE COURSES WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZACHARIAH INSTITUTE AND ZACHARIAH INSTITUTE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT ZACHARIAH INSTITUTE NOR ZACHARIAH INSTITUTE PARTIES WILL BE LIABLE FOR LOSS OR DAMAGES OF ANY KIND INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, EXPENSES, AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) THESE TERMS OF SERVICE; (B) YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SERVICES, SITE OR ONLINE COURSES; (C) DATA LOSS; (D) YOUR PLACEMENT OF ANY MATERIAL ON A SITE; (E) YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE, SITE OR ANY WEBSITE LINKED TO OR FROM THE SERVICES; (F) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (G) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; OR (H) ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE, SERVICES, CONTENT OR ONLINE COURSES, EVEN IF ZACHARIAH INSTITUTE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ZACHARIAH INSTITUTE AND ZACHARIAH INSTITUTE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ITS CONTENT OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ZACHARIAH INSTITUTE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE THE SITE AND SERVICES AVAILABLE TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree and understand that this Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “writing” requirement of that act, applies to your use of the Site or the Services, and governs all claims, disputes, or controversies between you and Zachariah Institute and Zachariah Institute Parties, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively “Claims”). This Section can only be changed or terminated upon mutual agreement.
You understand and agree that all Claims shall be resolved by final and binding arbitration using the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms of Service, by one or more arbitrators appointed in accordance with said rules at a location within Cook County, Illinois. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Service (including any Additional Terms) and may award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class claims or private attorney general representative actions. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision shall be severable from the remainder of this paragraph, which shall remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
You agree to indemnify, defend and hold harmless each and all of the Zachariah Institute Parties from and against all and any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Service, (b) your use of the Site, (c) your noncompliance with any law, and (d) any rights of a third party related to User Content that you post or information you otherwise make available to us or through the Services, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Suspension and Termination
If you no longer desire to participate in the Site, you may terminate your participation at any time. We may suspend, terminate or otherwise restrict your use of the Site or the Services without compensation or notice if you are, or if we suspect that you are, (a) in violation of any of these Terms of Service, or (b) engaged in illegal or improper use of the Site or the Services. We reserve the right to place any account on hold at any time with or without notification to the member in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or provide a discount for holds placed on the account by a representative of Zachariah Institute.
Zachariah Institute’s failure to enforce any provision of this Agreement does not waive future enforcement.
This Agreement sets forth the entire Agreement between the parties with regard to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, promises, convents, possible and alleged agreements, and representations with respect to the subject matter of this Agreement are waived and merged into this Agreement.
Should any provisions of this Agreement be found deemed to be or held voidable or void as contrary to law, or public policy under the laws of Illinois or any other State, or for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement and its terms shall be construed in accordance with the laws of the State of Illinois.