Terms and Conditions
Effective as of: January 1, 2020
Last Updated: January 1, 2020
Post University’s Website and APP Properties officially represent certain aspects of the University’s business, student services, and overall brand. Due to the importance and visibility of information communicated on these websites, please read these Terms and Conditions (“Terms”) carefully before using all Post University (“Post”, “we”, “our”, or “us”) websites and APPs (collectively the “Site”). Your use of this Site is governed by these Terms. By using the Site, you signify that you have read these Terms and agree to be bound by and comply with them. If you do not agree to be bound by these Terms, do not use the Site.
MODIFICATION
Post University reserves the right to modify these Terms at any time. We encourage you to review these Terms periodically. If we make changes to the Terms, we will notify you by posting the changes to this Site. By continuing to access this Site after notice of such modification has been published, you signify your agreement to be bound by the modified Terms.
USE OF SITE
Post University grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information or any other content on the Site is permissible, rests with you.
LIMITATION OF USE
You may use the Site for legal purposes only. Unauthorized use of the Site is strictly prohibited. Post University has the right to remove material from the Site, block your access, or take other action in its sole discretion in regard to your use of the Site that we reasonably believe is or might be in violation of these Terms.
PRIVACY
You agree to our collection, use, and disclosure of information as described in our Privacy Policy. The Privacy Policy is incorporated by reference in these Terms, and by using the Site, you are consenting to the Privacy Policy.
LINKS TO OTHER SITES
The Site may contain links to other websites not operated or controlled by Post University (“Third-Party Websites”). Our Terms and Privacy Policy do not apply to Third-Party Websites. Such Third-Party Websites may have terms and conditions and/or privacy policies that differ from ours, and the Third-Party Website may provide less security than our Site. We disclaim liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites. We also disclaim liability for any failure of any products or services offered or advertised at such Third-Party Websites.
THIS SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION ON THIS SITE. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK.
Post University does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, or link to a Site. Post University does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR IN ANY MANNER ASSOCIATED WITH THE USE OF THIS SITE.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Post University and its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, including, without limitation, your use of the Site in violation of these Terms.
CHOICE OF LAW
These Terms will be governed by the laws of the State of Delaware. In the event of any dispute arising out of or under these Terms, the laws of the State of Delaware shall apply and you consent to personal and exclusive jurisdiction and venue in the State of Delaware.
TRADEMARKS
The logo, name and all graphics on the Site of Post University, are trademarks of Post University. Use, reproduction, copying or redistribution of trademarks, without the written permission of Post University is prohibited. All other trademarks appearing on the Site are the marks of their respective owners.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent if you believe that a user of our Site has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Post University to locate the material on our Site;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Your notification should be sent to our designated agent at Post University, Compliance Department, 800 Country Club Road, Waterbury, Connecticut 06723; or via email to [email protected] You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our Site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
SEVERABILITY
If any portion of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Terms as possible. Any unaffected provision of these Terms shall remain in full force and effect.
POST UNIVERSITY MOBILE TERMS & CONDITIONS
Program Description: Post University, Inc. (“Post University”) provides a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Post University in order to opt out of the Program.
User Opt In: The Program allows users to receive, among other communications, SMS/MMS mobile messages that include alerts, event and enrollment information, admission assistance, and information about Post University’s educational services by users affirmatively opting into the Program, such as through providing your contact information and requesting information about Post University online, and/or confirming your opt-in by replying to an opt-in confirmation message. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Post University to communicate with you requires human intervention for Post University’s mobile messages to be initiated, and nor does it have the capacity to randomly or sequentially generate telephone numbers. Thus, Post University’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing messages and/or prerecorded calls to the telephone number you provided, and you understand that consent is not required to make any purchase from, or enroll at, Post University.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Post University and the Program.
Contact Information: For support, text “HELP” to any Post University mobile message, or call 1-800-660-6615.
User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to any message you received from Post University on your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries, such as:
- Texting the keyword INFO to MyPost (697678) to receive information about upcoming Post University events, enrollment information, and Post University educational services.
- Texting the keyword APP to MyPost (697678) to receive a link to our mobile App.
- For help, text HELP to short code MyPost (697678) or call 1-800-660-6615.
You may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Post University that result from your continued communication with the Program. Post University may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you re-subscribe to the Program through any of the available options to do so.
Please also note that replying “STOP” to any Program text message (i.e., text messages from short code 697678) will only result in opting out of Program text messages from the 697678 short code (or the short code then being used by Post University), and will not affect or otherwise opt you out of receiving other communications from Post University, including, but not limited to, emails, voice telephone calls or text messages sent from another telephone number. For example, a Post University admissions counselor may be separately communicating with you via text message about your interest in Post University, and texting “STOP” to a Program message will not opt you out of this separate communication. If you wish to opt out of receiving all telephonic communications from Post University, you should instruct the Post University admissions counselor you are working with to place you on Post University’s internal do-not-call list.
MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging.
Program Warranty: Post University will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Post University’s control. Currently supported wireless carriers include AT&T, Boost, MetroPCS, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile. T-Mobile is not liable for delayed or undelivered mobile messages.
Privacy Policy: By participating in this Program, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.
Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Post University, or between you and any third-party acting on Post University’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Post University’s Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Waterbury, Connecticut before one arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of Connecticut, exclusive of its conflict or choice of law rules – except that with respect to any claims under federal statutory law – such as the Telephone Consumer Protection Act – the arbitrator will apply the law as interpreted by the federal courts of the Eleventh Circuit. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Post University that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Post University reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.
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