Use of Our Website and Information Technology
The American College of Financial Services welcomes your use of our website. By your use of the website, you are confirming that you understand and accept the terms and conditions of, and are compliant with, our Terms of Use and Privacy Policies. Additionally, by your use of the Site or Tools and Services, you are acknowledging that access to The American College technological and information resources accessible over The American College’s network is granted to users on the condition that they comply with all applicable laws, including copyright laws, and all other applicable policies. In addition, by accessing and using the Site and Tools and Services, you confirm, represent and warrant that you are at least 18 years of age and can form a binding contract with the College. If you are under the age of 18, your parent or legal guardian must consent to these Terms of Use on your behalf.
The following terms and conditions of use (the “Terms of Use”) govern all use of this website (the “Site” (including all Information (defined below)) and any tools and services (the “Tools and Services”) available on the Site. The terms “The College”, “we”, “our” or “us” means The American College of Financial Services, its affiliates, governing boards, and their officers, directors, managing directors, partners, and employees. The College may provide to you or post additional terms regarding privacy, student handbooks, catalogs, payment and refund policies, which may be updated from time to time. The College will use commercially reasonable efforts to make all such handbooks, policies and additional terms available to you on the Site or Tools and Services. In the event of a conflict between these Terms of Use and any such handbook, policy or additional terms, the later document shall control, unless specified otherwise.
Please read the Terms of Use and The College’s privacy policy (the “Privacy Policy”) carefully before using the Site or any Tool and Service.
If you do not agree with our Terms of Use or Privacy Policy, you should not use the Site.
Changes to the Terms of Use
The College may unilaterally revise and update these Terms of Use from time to time without sending notice to you. Please review the Terms of Use periodically for revisions and updates. All changes to the Terms of Use are effective immediately when posted on the Site. Your continued use of the Site or the Tools and Services after the posting of revised Terms of Use is deemed to be an acceptance of the changes.
Accessing the Site and Account Security
We reserve the right at any time in our sole discretion and without notice to remove or change the Site or Tools and Services, in whole or in part. The College is not liable for any unavailability of all or part of the Site or Tools and Services at any time or for any period. From time to time, we may restrict access to one or more portions of the Site, or the entire Site.
In using the Site and Tools and Services you are responsible for making all arrangements necessary, including with third-party internet service providers, to access the Site and Tools and Services. You are responsible for ensuring that all persons who access the Site or any and Tools and Services via your internet connection are aware of these Terms of Use and comply with them. You are responsible for any violation of these Terms of Use by an such person accessing the Site via your internet connection.
To access portions of the Site and Tools and Services and/or any resources it offers, you may be asked to provide registration information. It is a condition of your use of the Site, Tools and Services and such resources, that all the information you provide on the Site (or through the Tools and Services) is accurate, correct, current and complete. You are responsible for updating your contact information to ensure that it remains current. You agree that all registration information you provide on this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, account (“User Account”) or any other piece of information as part of our security procedures (collectively, “Login Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity for any reason. You acknowledge that your User Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your Login Credentials. You agree to notify us immediately of any unauthorized access to your User Account or use of your Login Credentials or any other breach of security by notifying us here: https://theamericancollege.edu/contact
The College has the right to disable, for any length of time, any user name, password, other identifying information and account whether chosen by you or provided by us, at any time if, in our sole opinion we determine that: a) you or a person accessing the Site via your internet connection has violated the Terms of Use; b) there is a security breach, violation of law or threat thereof; and/or c) such action is necessitated to avoid a potential threat and/or to protect and secure our College network and systems.
We will not be responsible for and disclaim all liability arising from or in connection with any loss or damage arising from the unauthorized access or use of your User Account or Login Credentials.
Content and Information Made Available Through this Site
The Site and Tools and Services, and all content and information, including all trademarks, logos, copyrights and other intellectual property therein, displayed on the Site and Tools and Services (collectively, “Information”) and any technology used on or as part of the Site and Tools and Services, is owned by the College, its licensors and/or other third-party information providers, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Unless expressly permitted by us in writing, you are only permitted to view, bookmark and print the Information for your own personal, nonpublic and noncommercial use. You are not permitted to copy, publish, transmit, or otherwise reproduce the Information, in whole or in part, in any format to any third party without the express written consent of The College. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the Information.
The College reserves the right, at any time to add, modify, or remove any of the Information. These Terms of Use are not intended to, and will not, transfer or grant any rights in or to the Information other than those that are specifically described herein, and all rights not expressly granted herein are reserved by The College or the third-party providers from whom The College has obtained the Information. You are required to read and abide by any additional terms or policies that may be posted on the Site or Tools and Services from time to time concerning Information obtained from specific third-party providers. The College and such third-party providers shall have no liability to you, including any monetary damages, on account of your use or reliance on any such third-party Information provided to you via this Site or the Tools and Services.
Prohibited Uses
The Tools and Services and Site are provided by the College to you are for you own personal, administrative, informational and academic purposes. You may only use the Tools and Services and Site only for such lawful purposes and in accordance with the Terms of Use. You agree not to use the Tools and Services or the Site in violation of any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries). Uses inconsistent with these purposes are prohibited, including but not limited to:
- Use the Site or Tools and Services in any manner that could disable, overburden, damage, or impair the Site, Tools and Services or the College computer equipment or networks connected to them or to disrupt or interfere with any party’s use of the Site or Tools and Services, including their ability to engage in real time activities through the Site or Tools and Services.
- Use any robot, spider or other automatic device, process or means to access the Site or Tools and Services for any purpose, including monitoring or copying any of the content and materials on the Site or Tools and Services.
- Use any manual or other process to monitor, disrupt or copy any of the content and materials on the Site or Tools and Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site or Tools and Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or Tools and Services, College accounts, computer equipment, networks, or any server, computer or database connected to the Site or Tools and Services through hacking, password mining or other means; obtain or attempt to obtain any content or materials or other information not intentionally made available through the Site or Tools and Services.
- Attack the Site or Tools and Services via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Site or Tools and Services.
- Activities or content that violate the intellectual property rights or other rights of the College or other rights of third parties.
- Activities or content that harass, discriminate against, harm or threaten others.
- Activities that are unlawful or fraudulent.
Use of Site, Tools and Services and Content Outside of the United States
You understand and agree that the College makes no representations or warranties that the Site, Information, Tools and Services are appropriate or available for use outside of the United States.
If you use or access the Site, Information, Tools and Services or The College’s content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use. Access to the Site, Tools and Services from countries or territories or by individuals where such access is illegal is prohibited.
Responsibility for User-Generated Content Posted On or Through the Service
“User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other content that you post on or through the Site, Information, or Tools and Services using the social networking tools the College makes available to you and that does not constitute New Ideas. “New Ideas” refers to the content you post on or through the Site, Information, Tools and Services or that you otherwise provide that is specifically about how the College can improve the Site, Information or Tools and Services and the products and services the College makes available through the Site, Information or Tools and Services.
You are solely responsible for User-Generated Content that you post, including comments, photographs and other media that you post using the Site, Information or Tools and Services. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who access and use the Site, Information or Tools and Services. Examples of User-Generated Content include comments posted to discussion boards. User Generated Content also includes any information that you publish through any social media platform (e.g., Instagram, Twitter, Facebook, Pinterest or Google+) while using the Site, Information or Tools and Services.
Under no circumstances will the College be liable in any way for any User-Generated Content. Further, you, and not College, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.
Because the College does not control the User-Generated Content posted on or through the Site, Information or Tools and Services, the College cannot and does not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing the Service, you may encounter User-Generated Content that you may consider to be objectionable. The College has no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. The College is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted, or otherwise made available on or through the Site, Information or Tools and Services.
You own User-Generated Content, but the College may use it. You own the copyright in any original User-Generated Content you post. By using the Site, Information or Tools and Services you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, you should not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.
The College may disclose and/or remove User-Generated Content. The College reserves certain rights. The College reserves the right (but does not assume the obligation) to:
- Monitor all User-Generated Content
- Require that you avoid certain subjects, if the College believes that doing so will help ensure compliance with applicable laws or compliance with these Terms of Use, including, without limitation, restrictions on User-Generated Content
- Censor, editor, remove, or block any User-Generated Content at any time without notice at its sole and absolute discretion
- Disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever the College believes that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of the College or others, or to enforce these Terms of Use
- Terminate your access to and use of the Site, Information, Tools and Services.
You agree that even if the College exercises above, such action will not render the College as the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:
- Any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
- Any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
- Any User-Generated Content that is false, misleading, or fraudulent
- Any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
- Any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
- Any request for or solicitation of any personal or private information from any individual
- Any request for or solicitation of money, goods, or services for private gain
- Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Your New Ideas
Although we do not claim ownership of User-Generated Content you post using the Site or Tools and Services, any New Ideas (as defined above) you provide to us through the Site or Tools and Services will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any New Ideas you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any New Ideas that you do not wish to assign to us.
NO WARRANTIES OR RESPONSIBILITY TO UPDATE
THE COLLEGE MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SITE, THE TOOLS AND SERVICES AND THE INFORMATION PROVIDED THEREIN. THE SITE, TOOLS AND SERVICES, AND THE INFORMATION PROVIDED BY US, OUR AFFILIATES AND OUR THIRD-PARTY PROVIDERS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK.
THE COLLEGE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY FOR THE USE OF THE SITE, THE TOOLS AND SERVICES AND INFORMATION WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY OF THE SITE AND ITS TOOLS AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE COLLEGE DOES NOT REPRESENT OR WARRANT THAT THE SITE, INFORMATION, TOOLS AND SERVICES, AND ANY CONTENT OR ANY ITEMS OBTAINED THROUGH THE SITE AND TOOLS AND SERVICES FOR DOWNLOADING AND UPLOADING, ITS NETWORK OR ANY COMPONENT THEREIN, WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS OR THAT ANY SUCH COMPONENTS OR ANY ITEMS OBTAINED THROUGH THE SITE OR TOOLS AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COLLEGE MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, TO ANY USER, REGARDING THE SECURITY OF THE SITE AND TOOLS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ABILITY OF UNAUTHORIZED PERSONS OR ENTITIES TO ACCESS, INTERCEPT, MODIFY, DISRUPT, OR OBTAIN ANY INFORMATION THROUGH THE SITE OR TOOLS AND SERVICES. THE COLLEGE HEREBY DISCLAIMS ALL LIABILITY FOR ANY BREACH OF SECURITY RESULTING IN THE UNAUTHORIZED ACCESS TO YOUR INFORMATION OR DATA.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAKING AND MAINTAINING BACKUPS OF ALL INFORMATION AND DATA SUBMITTED TO THE SITE OR TOOLS AND SERVICES. THE COLLEGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY UNAUTHORIZED ACCESS OR USE, ANY DENIAL-OF-SERVICE AND/OR ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TOOLS AND SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE OR TOOLS AND SERVICES ON ANY OTHER WEBSITE LINKED THEREIN.
NEITHER THE COLLEGE NOR ANY OF ITS THIRD-PARTY PROVIDERS SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE CONTENT AND INFORMATION MADE AVAILABLE ON THE SITE AND TOOLS AND SERVICES AND TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH. AVAILABILITY OF THE SITE AND TOOLS AND SERVICES, AND THE INFORMATION, IS SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE.
YOU UNDERSTAND THAT ALL APPLICABLE INFORMATION AVAILABLE TO YOU IS BASED ON THE LAWS AND REGULATIONS OF THE UNITED STATES. ALL INFORMATION PROVIDED TO YOU ON THE SITE AND TOOLS AND SERVICES IS INTENDED TO BE FOR EDUCATIONAL PURPOSES AND IS NOT INTENDED AS, AND SHALL NOT BE UNDERSTOOD OR CONSTRUED AS, TAX, LEGAL ACCOUNTING OR FINANCIAL ADVICE. You should consult your own tax, legal and accounting advisors before engaging in any transaction.
Limitation of Liability
IN NO EVENT SHALL THE COLLEGE, THE MEMBERS OF ITS GOVERNING BOARDS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO ANY USER OR THIRD PARTY OF THE TOOLS AND SERVICES OR THE SITE UNDER ANY LEGAL THEORY FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE TOOLS AND SERVICES OR THE SITE AND SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING), INCURRED AS A RESULT OF YOUR USE OF THE TOOLS AND SERVICES OR THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE COLLEGE’S LIABILITY ARISING FROM IN CONNECTION WITH THESE TERMS OF USE, THE SITE OR TOOLS AND SERVICES BE GREATER THAN $100.
You acknowledge and agree that any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Tools and Services, or these Terms of Use must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
No Representations Made as to Other Sites or Links
The Site or Tools and Services may provide links to certain Internet sites sponsored and maintained by third parties (the “Linked Sites”). The College is providing such Linked Sites solely as a convenience to you.
ACCORDINGLY, THE COLLEGE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT OF THE LINKED SITES AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF OR THE CONTENT PROVIDED TO YOU ON SUCH LINKED SITES. The fact that The College has provided a link to the Linked Site does not constitute an endorsement, authorization, sponsorship, or affiliation by The College with respect to the Linked Site, its owners, or its providers. The College has no control over such Linked Sites and claims no responsibility with respect to such Linked Sites.
Indemnification
You agree to defend, indemnify and hold harmless The College, its governing boards, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out your use of the Site, Tools and Services including but not limited to the data or information (including User-Generated Content) you provide through the Site or Tools and Services.
Termination
We reserve the right to terminate these Terms of Use and your rights to use the Site (including any Tools and Services) at any time and for any reason, without notice to you. Such termination may be subject to a refund as set forth in the applicable student policies, which may be updated from time to time.
Disputes, Governing Law and Venue
All matters relating to the Site, Tools and Services and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to its choice or conflict of law rules.
Any legal suit, action or proceeding arising out of, or related to, the Terms of Use, the Site and the Tools and Services shall be instituted exclusively in the state and federal courts of the Commonwealth of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by The College of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The College to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The College with respect to the Site and Tools and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and your use of the Tools and Services.
Construction and Interpretation
The section headings in these Terms of Use are for reference only and shall not affect the meaning or interpretation of the Terms of Use. Unless the context requires otherwise: (i) words of any gender include the other gender; (ii) words using the singular or plural number also include the plural or singular number; (iii) the words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.”
Last Updated: August 17, 2023
Website Accessibility Statement
The American College is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience and applying relevant accessibility standards.
We are committed to making our website accessible to people with disabilities by meeting the legal requirements for accessibility.
If you cannot access information or a service on our site, please notify us here: https://theamericancollege.edu/contact. You will need to include the web address of the page you were on and describe the problem you encountered. Thank you.
Last Updated: August 18, 2023