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TERMS AND CONDITIONS

TERMS AND CONDITIONS


Mid America Learning Service Terms and Conditions

These terms and conditions govern the use of and access to the services provided by Mid America Learning, LP (“MAL”) with respect to students at a MAL client school and prospective students who may be interested in a MAL client school.

Acceptance of Terms

By requesting information from, providing contact information to, or otherwise using the services, information and offerings (“Services") provided by MAL ("we," or “us”), whether through our website(s), by telephone, by email or in person, you are “using” and “accessing” the Services, and your use of the Services is subject to these Site Terms and Conditions ("Agreement"). By accessing the MAL website(s) and/or using the Services, you agree that you have read and understand this Agreement, and that your use of the website(s) and all MAL services shall conform to this Agreement. If you register with us for certain Services, this Agreement includes and incorporates additional terms specific to those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled "Changes to Agreement" below for details. 

Proprietary Rights

MAL and its licensors have expended substantial time, effort, and funds to create the website(s) and the Services. You acknowledge and agree that MAL (or its affiliates, as the case may be) exclusively own the copyright to (or have been granted licenses by third parties to use) all rights, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, "Content") provided by the website(s) or otherwise through the Services.

Certain materials specifically designated as belonging to another party are not owned by MAL, such as client school logos and trade dress.

No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, re-transmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of MAL or permission of the copyright owner. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of MAL’s copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from MAL.

For permission to use Content from the website(s), please contact us at mal@midamericalearning.com. 

Trademarks

The trademarks and logos used on the website(s) or elsewhere in the Services are owned by MAL or are used with permission from the respective owners. No use of any MAL trademark or any other trademark listed is permitted without express written consent.

Special Conditions for International Use and Exports

MAL makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. As a United States-based company, MAL, along with our representatives overseas, is subject to U.S. export controls and economic sanctions laws and regulations. You access the MAL website(s) and the Services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the MAL website(s) or otherwise send to MAL any data or software that cannot be exported under U.S. government export laws without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Please note that individuals in countries against which the United States, directly or through the United Nations, has imposed economic sanctions (such as Iran and Cuba) or persons designated by the U.S. government as Specially Designated Nationals and Blocked Persons may not be permitted to use the Services, even though they may access the website.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

Linked Sites

The MAL website(s) may provide, or third parties may provide, links to non-MAL websites or resources. Because MAL has no control over such sites and resources, you acknowledge and agree that MAL is not responsible for the availability or accuracy of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Links to these third-party sites does not imply that the websites are affiliated with or endorsed by MAL or are legally authorized to use any trademark, trade name, logo or copyright symbol of MAL that is displayed in or accessible through the links.

You further acknowledge and agree that MAL shall not be 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, goods or services available on or through any such site or resource. MAL strongly encourages users to read all external and third-party site terms and conditions and privacy policies.

Downloaded Content

It is up to you to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items. You acknowledge that information provided through the Services is inherently dynamic and ever-changing, and you agree that it is your responsibility to ensure that information you access or download continues to be viable, current and accurate before relying on it or continuing to rely on it.

Consent to Electronic Communications and Email Solicitation

When you submit contact information to MAL, you consent to receive information and other materials regarding products, services, and other offers from time to time as described in our Privacy Policy. Such solicitations may take the form of materials mailed to you, telephone calls, e-mail messages, or other forms. Solicitations will be made to the addresses and numbers provided to us. You are responsible for keeping your contact information up-to-date; MAL has no duty to update or seek out new contact information for you.

Term of Agreement

This Agreement remains in effect until terminated by you in accordance with the terms of this Agreement or by MAL. You may terminate this Agreement only upon our receipt of your notice via e-mail to mal@midamericalearning.com and by your subsequent non-use of the Services. Termination has only prospective effect, meaning we will cease to provide you the Services (unless, of course, you continue to engage MAL or otherwise continue to use the Services). Termination shall not affect the terms or conditions applicable to information or Services provided prior to the effective time of termination.

If you are unsatisfied with the Services provided through the MAL website(s) or otherwise by MAL, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time. We may notify you of termination of the Agreement via e-mail or other written notice to the address you provided to us. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users.

Changes to Agreement and Services

We may make changes to this Agreement at any time. Your continued use of the Services indicates your acceptance of the new terms and conditions and continued agreement to be bound by this Agreement, as changed from time to time. You should review this Agreement often to stay informed of changes that may affect you. If you have provided us with an e-mail address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. You agree to check the Services, your mail and/or e-mail on a regular basis to receive important and timely notices from us. MAL may also make changes to the Services and site(s), including discontinuing any Service or Content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. MAL reserves the right to change or add any fees or charges for access or use of the website(s) or any of the Services at any time.

No Warranties/Limitation of Liability

THE MID AMERICA LEARNING WEBSITE(S) AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER MID AMERICA LEARNING NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING MAL WEBSITE(S) MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. MID AMERICA LEARNING AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE WEBSITE(S) OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF; (II) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (III) MID AMERICA LEARNING'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR (IV) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE MAL WEBSITE(S). IN NO EVENT WILL MID AMERICA LEARNING, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

All users of the Services therefore agree that all access and use of the MAL website(s) and Services is at the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of MAL shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the website(s) and the Services.

MAL and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that MAL accepts no responsibility for security of information transmitted over the Internet.

Without limiting any of the foregoing, if MAL, or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, MAL’s and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to MAL for the specific Service or product giving rise to such liability.

Distribution of Third-Party Content

MAL does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in or through the Services. Third party content includes, but is not limited to, information concerning the academic offerings of MAL client schools provided to MAL by those client schools, and it includes, but is not limited to, user feedback provided in respect of such client schools. In other words, MAL is merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective client colleges, users, suppliers, participants, or authors. MAL does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and MAL shall not be liable for any harm resulting from or in connection with reliance on any such content. In addition, MAL shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant in the Services, including, without limiting the foregoing, any transaction between you and a client school. Any products or services offered or sold on or through the website(s) or the Services are offered or sold subject to terms and conditions solely between our users and such other person or supplier, such as a client school.

By way of illustration and without limiting the generality of the foregoing, as a distributor, MAL is not responsible or in any way liable if MAL distributes information from a client school indicating or otherwise stating that a certain number of hours are required to obtain a particular degree and then later the school changes its degree requirements, even if MAL is informed about the changes and fails to distribute the new information. To the extent a user has a grievance concerning the change, that grievance is between the user-student and the school, not MAL.

Miscellaneous

This Agreement, the Privacy Policy, and any policies or guidelines that you accept and that govern specific portions of the Services or the website(s) represent your entire agreement with MAL with respect to your access and use of the MAL website(s) and the Services. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and MAL. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by MAL and you, or in the manner described in the Section "Changes to Agreement and Service" above. You may not assign this Agreement without the prior written consent of MAL. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceable of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of Texas, without regard to conflicts of laws, and the Federal law of the United States.


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