We may update this policy from time to time. The latest version will always be published on this page. This version was first published on Dec. 20, 2022.
(The term “site” or “website” as used in these Terms of Use includes all versions of internet pages accessed via any electronic device.)
Access To This Site
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If New Degree Growth LLC (“NDG”) believes the information you provide is not correct, current, or complete, NDG has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without NDG’ express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of NDG. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NDG in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by NDG (the “Content”) is the proprietary information of NDG or the party that provided the Content to NDG, and NDG or the party that provided the Content to NDG retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NDG, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content of Intellectual Property except as expressly provided in these Terms of Use violates the intellectual property rights of NDG or the party that provided the Content to NDG. If the Content is used in a manner that violates these Terms of Use, either NDG or the party that provided the Content to NDG
shall be entitled to bring legal or other appropriate action as necessary to protect all rights to the Content and to seek all remedies available under these Terms of use or at law. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyperlinks
This site may be hyper-linked to other sites which are not maintained by, or related to, NDG. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NDG. NDG is not responsible for the content of those sites or damages caused by accessing them. Hyper-links are to be accessed at the user’s own risk, and NDG makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by NDG of that site. Users must refer to the privacy statements and terms of use policies located on any third-party sites.
Submissions
You hereby grant to NDG the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NDG through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NDG will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future NDG operations.
Electronic Communications
When you visit any of our websites, partially or fully complete forms, or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We may on occasion communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, if you partially or fully complete forms on NDG’ sites, we may use your contact information for marketing purposes as set forth in our Privacy Policy. If you no longer wish to receive commercial email messages from NDG, please refer to our Privacy Policy for instructions on how to opt-out.
Disclaimer
You understand that NDG cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. NDG does not assume any responsibility or risk for your use of the Internet.
Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. NDG disclaims any liability for damages, losses or injuries arising out of actions or inactions taken by you based on statements or claims made on this Site, in advertisements or marketing materials, or by its representatives. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
NDG makes no representations and warranties regarding the quality of any site Content, course content, programs, services or materials (collectively “Materials”) purchased through this site or provided or facilitated by NDG, and disclaims any liability for injuries, damages or losses arising there from. NDG is not responsible for and disclaims any liability arising out of or related to the actions or inactions of the professors, instructors, or other persons who deliver the Materials to you.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NDG DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT NDG MAKES NO WARRANTY THAT THE QUALITY OF PRODUCTS OR SERVICES PURCHASED BY YOU RELATED TO YOUR USE OF THE LIVE CHAT SERVICE WILL MEET YOUR EXPECTATIONS. NDG DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NDG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NDG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY ADVICE OR INFORMATION OBTAINED BY YOU VIA THE LIVE CHAT SERVICE, WHETHER FROM A LIVE CHAT REPRESENTATIVE OR OTHERWISE, IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSIDERED AN AFFIRMATIVE REPRESENTATION OR WARRANTY BY NDG. YOU, AND NOT NDG, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. YOU, AND NOT NDG, ASSUME ALL RISK ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, INTELLECTUAL, PHYSICAL OR EMOTIONAL RISK. NDG MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NDG does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. NDG disclaims any liability for losses, damages or injuries resulting from acting upon or relying on such information.
Limitation On Liability
NDG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NDG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NDG AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NDG FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold NDG, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site or arising out of information that you provide to NDG.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of NDG or the party that provided the trademarks, service marks, and logos to NDG. NDG and any party that provided trademarks, service marks, and logos to NDG retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NDG will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NDG considers insecure, NDG will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NDG reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NDG reserves the right to investigate suspected violations of these Terms of Use.
NDG reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NDG to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS NDG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NDG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NDG OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and NDG arising out of these Terms of Use or pertaining to the subject matter hereof. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. NDG may revise these Terms of Use at any time by updating this posting.
