University of Phoenix Brand Site Terms & Conditions
The University of Phoenix, Inc. (the "University") is a wholly owned subsidiary of Apollo Group, Inc. ("Apollo"). The University and Apollo (collectively, "we," "us," "the University" or "Apollo") provide the Apollo Brand Site ("Site") to you subject to the following terms and conditions (the "Agreement"), which may be updated by us from time to time without notice to you. You can review the most current version of the Agreement at any time at: http://brand.phoenix.edu/terms.html. By accessing and using the Apollo Brand Site, you accept and agree to be bound by the terms and provisions of the Agreement. In addition, when using any Apollo trademarks, logos, web pages, screen shots, videos, digital media or other distinctive features ("Apollo Brand Assets"), you shall be subject to any posted guidelines or rules applicable to Apollo Brand Assets, which may be posted and modified from time to time. All such guidelines or rules (including, but not limited to, our Marketing Guide and Trademark Useage guidelines) are hereby incorporated by reference into the Agreement. Additionally, new Gainful Employment disclosure regulations promulgated by the Department of Education go into effect July 1, 2011, requiring Apollo to disclose certain information concerning its educational programs (the "Regulations"). Compliance with the Regulations includes the Services that Media Company provides to Apollo. Media Company will work in good faith with Apollo to produce an implementation plan no later than July 31, 2011 (the "Plan"), and upon mutually agreed approval of such plan, Media Company will implement and maintain compliance with the stated policy.
Only authorized users may access and use Apollo Brand Assets. If approved by Apollo to access Apollo Brand Assets on this Site, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Apollo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Apollo cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
If Apollo approves your request to use Apollo Brand Assets, Apollo grants you a non-transferable, non-exclusive, royalty-free limited license to access the Apollo Brand Assets as permitted in your corresponding level of access, and use such assets for the sole purpose as set forth in your MSA and Insertion Order. Any use of the Apollo Brand Assets must be accompanied by a notice that clearly indicates that the Apollo Brand Assets are trademarks or distinctive brand features of Apollo Group, Inc.
Apollo reserves the right in its sole discretion to terminate or modify your permission to access this Site or display the Apollo Brand Assets, and to take action against any use that does not conform to these terms and conditions, infringes any Apollo intellectual property or other right, or violates applicable law.
Except as set forth above, nothing herein grants or should be deemed to grant to you any right, title or interest in or to the Apollo Brand Assets. Your use of the Apollo Brand Assets will inure to the benefit of Apollo. You agree not to challenge or assist others to challenge the Apollo Brand Assets (except to the extent such restriction is prohibited by applicable law), and you agree not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of Apollo.
The Apollo Brand Assets are provided "as is" and Apollo disclaims any warranties either expressed or implied by law regarding the Apollo Brand Assets, including warranties of noninfringement. Furthermore, because you are not being charged for use of the Apollo Brand Assets, in no event shall Apollo be liable to you for the subject matter of this Agreement under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this Agreement or the use of the Apollo Brand Assets. This limitation shall apply even if Apollo was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You may not assign your rights or delegate your obligations under this Agreement without Apollo's prior written consent. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. The venue for any dispute or claim arising out of or in connection with this Agreement shall be in Maricopa County, Arizona. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. The waiver by Apollo of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement and any posted guidelines or rules applicable to Apollo Brand Assets, constitute the entire agreement between the parties with respect to the subject matter hereof.