Terms & Conditions

The EDvance College terms and conditions policy is to set clear rules for use of college services, protectcollege intellectual property, and define user responsibilities. It ensures a safe digital environment,outlines legal rights, and maintains smooth daily operations for everyone on campus and online.

Policy

This EDvance Terms of Service (“Agreement”) is a binding agreement between you (“End-User,” “you,”“your”) and EDvance College, a 501(c)(3) certified organization registered in California with a taxidentification number of 87-3077790 (“Company”). This Agreement governs: (i) your access and use ofthe Company’s website located at http://www.edvance.edu (“Website”); and (ii) your access and use ofthe EDvance branded applications and software solutions, which include, but are not limited to,Element451, Populi, Google Workspace, Zoom, and Canvas (“Products” and together with the Websiteand all related services and documentation, the “Services”).Your Agreement with the Company also incorporates EDvance’s Privacy Policy [HYPERLINK], availablewithin the applicable Product or on the Website, together with any Legal Notices applicable to theServices (collectively, the “Additional Terms”). Where Additional Terms apply to a Service, they will bemade available for your review either within the Service or through your use of the Service.BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THISAGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDINGAGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BYITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.[You must be at least 13 years old to access or use the Services. If an End-User is under 18 years of age,the End-User may use the Services only under the direct supervision of a parent, legal guardian, or otherauthorized adult who agrees to be bound by this Agreement.]

License Grant

Subject to the terms of this Agreement, Company grants you a limited, revocable, non-exclusive, andnontransferable license to use the Services.

License Restrictions

Except as may be expressly permitted by applicable law or expressly authorized by this Agreement, you shall not:

copy the Products or Website, except as expressly permitted by this Agreement;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Products or Website;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products, Website, or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Products or Website, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products or Website, or any features or functionality of the Products or Website, to any third party for any reason, including by making the Products or Website available on anetwork where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Products or Website for any purpose, including monitoring or copying any of the material on the Products or Website;
use any manual process to monitor or copy any of the material on the Products or Website, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
frame, mirror, or otherwise incorporate the Products, Website, or any portion of the Products or Website as part of any other mobile application, website, or service;
use the Products or Website in any manner that could disable, overburden, damage, or impair the Products or Website, or interfere with any other party's use of the Products or Website;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Products or Website;
collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services (including comments and email) for any commercial solicitation purposes; or
solicit, for commercial purposes, any users of the Services with respect to their Content.

Text Messaging

By opting in to receive SMS messages from Company, you agree to the following terms:

You may receive SMS messages from us that include both informational and promotional content, such as:
a. Admissions and enrollment communications
b. Application status updates
c. Event reminders and participation details
d. Student engagement and support communications
e. Promotional messages related to programs, offerings, and opportunities
f. These messages may be sent to prospective students, applicants, and current students.
Message Frequency
a. Message frequency may vary based on your interactions with us. You may receive multiple messages per week depending on your engagement, application activity, event participation, or requests for information.
Opt-In. You may opt in to receive SMS messages by:
a. Providing your mobile phone number through website forms, applications, or event registrations and selecting the SMS consent option
b. Submitting an inquiry and explicitly agreeing to receive text messages (for example, bychecking a consent box)
c. Providing consent through other communication channels where permitted
d. By opting in, you provide express consent to receive SMS messages from EDvanceCollege, including messages sent using automated technology, AI-assisted systems,and/or prerecorded messages.
Consent to receive SMS messages is not a condition of enrollment.
Opt-Out. You may opt out of receiving SMS messages at any time by replying:
a. STOP to unsubscribe
b. After you send STOP, you will receive a confirmation message and will no longer receive SMS messages from us unless you opt in again by sending START.
Help Instructions
a. For assistance, reply: HELP
b. You will receive a response with instructions on how to get support.
c. You may also contact us directly at: info@edvance.edu
Message and Data Rates
a. Message and data rates may apply depending on your mobile carrier plan.
Carrier Disclaimer
a. Message delivery is subject to your mobile carrier’s network availability and is notguaranteed. Supported carriers, message types (including short code, 10DLC, ortoll-free), and compatible devices may vary.
Carriers are not liable for delayed or undelivered messages.
Eligibility. By participating in this program, you confirm that:
a. You are the authorized user of the mobile number provided
b. You have the authority to consent to receive SMS messages at that number

Phone Calling

By providing your phone number to the Company, you agree to the following terms regarding phone call communications.

Consent to Receive Calls. You consent to receive phone calls from EDvance College, which may include calls made using automated technology, AI-assisted systems, and/or prerecorded orartificial voice messages. These calls may be made for both informational and promotional purposes, including:
a. Admissions and enrollment communications
b. Application follow-ups and status updates
c. Event reminders and participation details
d. Student engagement and support
e. Promotional information about programs, offerings, and opportunities, and
f. Consent to receive phone calls is not a condition of enrollment.
AI-Assisted and Automated Calling. Some calls may be conducted or supported by automated systems or AI-assisted technology. These technologies may be used to:
a. Deliver prerecorded or partially automated messages
b. Assist representatives during live calls
c. Route or respond to inquiries
d. You may request to speak with a live representative during a call, where applicable.
Call Recording and Monitoring. Phone calls may be recorded and/or monitored for purposes including:
a. Quality assurance
b. Training and evaluation
c. Record-keeping and compliance
d. By participating in a call, you acknowledge and agree that the call may be recorded, where permitted by applicable law.
Call Frequency. The frequency of calls may vary based on your interaction with us, including yourinquiry status, application activity, event participation, or engagement with our programs.
Opt-Out of Phone Calls. You may opt out of receiving phone calls at any time by:
a. Informing the caller during a call
b. Contacting us using the information below
c. Following any opt-out instructions provided during the call
d. We will process opt-out requests in accordance with applicable law.

Account Security

Company cares about the security of our users. While we work to protect the security of your User-Generated and Third-Party Content and account, Company cannot guarantee thatunauthorized third parties will never be able to defeat our security measures. You are responsible for maintaining the confidentiality and security of your account credentials, including your login and password, and for all activities conducted through your account. You agree not to permit any third party to access or use the Services through your account. We encourage you to usestrong passwords, including a combination of upper- and lower-case letters, numbers, and symbols. If you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized use or disclosure of your password or account credentials, you mustimmediately notify us by emailing info@edvance.edu.
By creating your account and providing your email address you consent to Company using the email address to send you support and Service-related notices, including any notices required by law, in lieu of communication by postal mail. In addition, Company may also use your email address to send you other messages, such as support responses, changes to features of the Services, community announcements and unique offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Reservations of Rights

You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors reserve and shall retain their entire right,title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Use of the Website

As a condition of your use of the Services, you represent and warrant that all information supplied by youthrough the Services is true, accurate, current, and complete. We retain the right at our sole discretion todeny access to anyone to this Services we offer, at any time and for any reason, including, but notlimited to, for violation of this Agreement.

Content and Features

Certain products, services, features, functionality, and content may be accessible to you on the Websiteor through the Products (collectively, “Content and Features”). Your access to and use of such Content and Features are governed by this Agreement and Privacy Policy. Your access to and use of such Content and Features may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain ofthe Website features and functionality.

Need additional General Education Coursework?

As an added benefit for educators, we offer a BA Preparation Pathway that provides General Education (GE) coursework to those who need it. This program is designed to help educators fulfill their GE requirements at no cost, making it easier for them to enroll at EDvance College and pursue their academic and professional goals.

Community College GE Equivalencies

User-Generated Content

You should be aware that content presented to you as part of the Services, including, but not limited to, user-generated content, shared digital collections, advertisements, and sponsored content within the Services (“User-Generated and Third-Party Content”) may be protected by intellectual property rights which are owned by other users, the sponsors, or advertisers who provide that content to Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such User-Generated and Third-Party Content (either in whole or in part) unless you have been specifically notified, in writing, that you may do so by Company or by the owners of that Content, in a separate agreement.
Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User-Generated and Third-Party Content from any Service at its sole discretion and for its own reasons which do not need to be justified to you or any othe y.
You understand that by using the Services you may be exposed to User-Generated and Third-Party Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. In addition, Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated and Third-Party Content. You further understand and acknowledge that you may be exposed toUser-Generated and Third-Party Content that are inaccurate, offensive, indecent, o robjectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to youruse and access to such User-Generated and Third-Party Content.
You agree that you are solely responsible for (and that Company has no responsibility to you orto any third party for) any User-Generated and Third-Party Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Company, or other parties, may suffer) by doing so. Company does not endorse any User-Generated and Third-Party Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with such User-Generated and Third-Party Content.
You shall not download any User-Generated and Third-Party Content unless you see a “download”, “print”, or similar link, either written or graphic, displayed by Company on the Services for that User-Generated and Third-Party Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User-Generatedand Third-Party Content for any purpose without the prior written consent of Company or therespective licensors of the User-Generated and Third-Party Content unless specifically authorized to do so via a “download”, “print”, “share”, “send”, “email” or similar action link, eitherwritten or graphic on the Services for that User-Generated and Third-Party Content. Company and its licensors reserve all rights not expressly granted in and to the Services and the User-Generated and Third-Party Content.
Company reserves the right to decide whether User-Generated and Third-Party Content violates this Agreement, such as, but not limited to, pornography, obscenity, excessive length, or non-approved commercial use. Company may at any time, without prior notice and in its sole discretion, remove such User-Generated and Third-Party Content and/or terminate a user's account. However, Company is in no way responsible for maintaining, monitoring, inspecting, orotherwise overseeing the User-Generated and Third-Party Content of any of the users for any purpose, including applicability with any laws within any jurisdiction. This is solely the responsibility of the End-User.
You acknowledge that you have full rights, including copyrights, for any images, materials, texts, graphics or other User-Generated and Third-Party Content that you post to, upload, or otherwise provide, submit, or use with any Services. You agree that Company will in no way be liable oraccountable, in any way, including third party copyright or patent infringement, for any materials that you use, manipulate or provide with or on Products.
You acknowledge that by using the Products, you may be sharing your images, graphics, text or any other User-Generated and Third-Party Content with other third parties if you invite them or give them access to your User-Generated and Third-Party Content or if you post your User-Generated and Third-Party Content in any public forum that may be available as part of the Products. Otherwise, access to User-Generated and Third-Party Content will be available and viewable only to you.
You also acknowledge that certain Products and Content and Features may allow third parties to view, transmit or print User-Generated and Third-Party Content that you have posted in a publicly accessible forum. In such cases, you acknowledge that individuals who use your User-Generated and Third-Party Content may not provide credit or acknowledgement to you of your User-Generated and Third-Party Content.
You agree that you are solely responsible for any and all User-Generated and Third-PartyContent sent or transmitted by you or uploaded or displayed by you in using the Services and for compliance with all laws pertaining to the User-Generated and Third-Party Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the User-Generated and Third-Party Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the User-Generated and Third-Party Content in the Services and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Company be liable in any way for any (a) User-Generated and Third-Party Content that is transmitted or viewed while using the Services, (b) errors or omissions in the User-Generated and Third-Party Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to User-Generated and Third-Party Content.
By sharing User-Generated and Third-Party Content in the Services you agree not to:
a. defame, threaten, harass, stalk or defraud any person or entity or violate copyright, trademark, or other intellectual property laws and rights;
b. send, display, share, receive, or store obscene or inappropriate content;
c. promote, advertise, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies;
d. attempt to store, collect, or publish personally identifiable information of a third-party;
e. send or distribute deceptive or false source-identifying information, including “spoofing”or “phishing;”
f. engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy;
g. distribute unwanted, unsolicited, or harassing mass communication, email or othermessages, promotions, advertising, or solicitations (“spam”);
h. interfere with, disable, disrupt, circumvent, or otherwise violate the security of the Services;
i. interfere with, attack, abuse, intercept, disrupt, or exploit any users, systems, orservices, regardless of how accomplished and not withstanding anything to the contrary in this Agreement, including but not limited to Denial of Service (DoS), spamming, monitoring, crawling, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
j. authorize, enable, permit, induce, or encourage any third party to do any of the above;and
k. other than the limited license set forth herein, Company acknowledges and agrees that itobtains no right, title or interest from you under this Agreement in or to anyUser-Generated and Third-Party Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that User-Generated and Third-Party Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Company, you agree that you are responsible for protecting andenforcing those rights and that EDvance has no obligation to do so on your behalf.
Content License from You
a. You retain ownership of all copyright and other intellectual property rights you hold in any User-Generated Content or Third-Party Content that you submit, post, upload, transmit, or otherwise make available through the Services. By submitting, posting, ordisplaying such content through the Services, you grant Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, host, store, copy, modify, adapt, publish, display, distribute, create derivative works from, and otherwise exploit such User-Generated Content and Third-Party Content, in connection with the marketing, advertising, promotion, and improvement of the Services and Company’s business. You acknowledge and agree that Company may continue to retain, use, reproduce, copy, modify, adapt, publish, display, distribute, and feature copies or images of such content in promotional, marketing, archival, or historical materials even after the content has been removed or deleted from the Services. You understand that Company, inperforming the required technical steps to provide the Services to our users, may (a)transmit or distribute your User-Generated Content or Third-Party Content over various public networks and in various media; and (b) make such changes to your User-Generated Content or Third-Party Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided in this Section shall permit Company to take these actions. In addition, you represent and warrant to Company that you have all therights, power and authority necessary to grant the license in this Section.
b. You agree that User-Generated Content or Third-Party Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Company all of the license rights granted herein. Company will remove User-Generated Content or Third-Party Content if properly notified that such User-Generated Content or Third-Party Content infringes on another's intellectual property rights. Company reserves the right to remove User-Generated Content or Third-Party Content without notice. You further agree that you will not submit to the Services any User-Generated Content or Third-Party Content that is contrary to applicable local, national, and international laws and regulations.

Geographic Restrictions

The Content and Features are based in the United States, (“Permitted Regions”) and provided for access and use only by persons located in the Permitted Regions. You acknowledge that you may not be able to access all or some of the Content and Features outside of the Permitted Regions and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Features from outside the Permitted Regions,

Updates

Company may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain featuresand functionality. You agree that Company has no obligation to provide any Updates or to continue toprovide or enable any particular features or functionality.

Third-Party Materials and Advertisements

The Services may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

The term of Agreement commences when you begin using the Products or Services and will continue in effect until terminated by you or Company as set forth in this Section 15 (“Term”). Your obligation under the Agreement will continue to apply until terminated by you or Company as set out below in this Agreement. In addition, all continued use of the Services regardless of account termination or status will remain is subject to the terms of this Agreement.
If you wish to terminate your account or Subscription for any Product, you may do so using thetermination, cancellation, account deletion, or subscription management process made available for the applicable Product. Depending on the Product, this process may include: (i) cancellation through the applicable app store or third-party marketplace; (ii) account settings or subscription management features within the Product or your account; or (iii) submitting a termination request or account deletion request through the support page.
Company may terminate this Agreement at any time, for any reason, without notice, including, without limitation, if it ceases to support the Service (which Company may do in its sole discretion), or if you violate any of the terms and conditions of this Agreement.
Upon termination:
a. all rights granted to you under this Agreement will also terminate;
b. you must cease all use of the Services; and
c. all of the legal rights, obligations, and liabilities that you and Company have benefited from or been subject to (or which have accrued over time whilst the Agreement has beenin force) which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply.
Termination will not limit any of Company's rights or remedies at law or in equity.

Disclaimer of Warranties

THE INFORMATION PUBLISHED ON THIS WEBSITE OR OTHERWISE PROVIDED THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEETHE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THIS WEBSITE. THE PRODUCTS AND SERVICES ARE PROVIDED TO END-USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTYOF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY ON ITS OWN BEHALF AND ON BEHALF OF ITS RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDESNO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE,OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATEWITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET, YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THE FUNCTIONING OF THE INTERNET AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO: (I) ANY INJURY, LOSS, OR DAMAGE ARISING FROMYOUR MISUSE, FAILURE TO FOLLOW INSTRUCTIONS, OR MODIFICATIONS OF THE PRODUCTS ANDSERVICES; (II) INTERRUPTIONS OR FAILURES IN PRODUCT FEATURES; (III) PROPERTY DAMAGE,LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (IV)DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED U.S. DOLLARS(U.S. $100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OFCONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SOSOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, orexpenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, your breach of this Agreement, and your violation of any law or the rights of a third party.

Copyright and Trademark Notices

Company name, logo, and all other Product names or slogans displayed on or through the Services are registered or common law trademarks of Company or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. 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 Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
It is Company’s policy to respond to notices of alleged copyright infringement if such claims are reported to us as described within this Agreement. EDvance may also respond by terminating the accounts of infringers.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, please review this Agreement and submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing us with the following information in writing (see Title 17 U.S.C. Section 512 for further detail):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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 andinformation reasonably sufficient to permit the service provider to locate the material;
d. information reasonably sufficient to permit the Service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have 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; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice, with all items listed above included, to our DMCA Designated Agent here: info@edvance.edu.
If you believe that your User-Generated Content or Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User-Generated Content or Third-Party Content, you may send us a counter-notice containing the following:
a. your physical or electronic signature;
b. identification of the User-Generated Content or Third-Party Content that has been removed or to which access has been disabled and the location at which the User-Generated Content or Third-Party Content appeared before it was removed or disabled;
c. a statement that you have a good faith belief that the User-Generated Content or Third-Party Content was removed or disabled as a result of mistake or a misidentification of the User-Generated Content or Third-Party Content; and
d. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User-Generated Content or Third-Party Content or cease disabling it. Unless the copyright owner files an action seeking a court order against the User-Generated Content or Third-Party Content provider, member or user, the removed User-Generated Content or Third-Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice, or counter-notice may not be valid. Notifications of claimed copyright infringement and counter notices must be submitted to info@edvance.edu or sent to our designated agent: Copyright Agent at 580 Market Street Ste 150 San Francisco CA 94104.

Export Regulation

The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly, or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.

Modifications to the Agreement

We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement without notice, and your continued access or use of this Service signifies your acceptance of the updated or modified Agreement. However, any changes to the dispute resolution provisions set forth outin Limitation of Liability, Indemnification, Governing Law, and Limitation of Time to File Claims Sections of this Agreement will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. It is your responsibility to periodically review this Agreement to stay informed of updates.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSEOF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment

You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may, without restriction, assign any of our rights and obligations under this Agreement, at our sole discretion.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Feedback and Support

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@edvance.edu. Any ideas, suggestions, and feedback about us or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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EDvance College is a 501(c)(3) certified organization and is registered in California. Our tax identification number is 87-3077790.