MILPARK EDUCATION PROPRIETARY LIMITED

WEBSITE TERMS AND CONDITIONS OF USE

Last Revised:     August, 2015

Welcome

Thank you for choosing to visit our website(s). Apollo Education Group, Inc. (“Apollo”) is the parent company of Milpark Education (Pty) Limited (“Milpark”), as well as various other entities (collectively “Apollo Institutions”). These Website Terms and Conditions ("Terms of Use") apply to your access to, and use of all Apollo, Milpark and Apollo Institutions’ websites, including but not limited to all pages and sub‐domains under such sites, (collectively "Site" or "Sites") and features and applications accessible through, or in connection with, the Sites (collectively the “Services”). Certain Services may be subject to additional terms and conditions (collectively “Additional Terms”) as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your express agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. In the event of any direct conflict between any Additional Terms and these Terms of Use, the Additional Terms shall prevail. The Terms of Use are in addition to the terms or conditions of any other agreement you may have with Milpark, Apollo Institutions, or their subsidiaries or affiliates, for products, services or otherwise, including, without limitations, terms, conditions and policies relating to the courses and educational programs provided by Apollo, Milpark and the Apollo Institutions.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH MILPARK AND THE APPLICABLE APOLLO INSTITUTION(S) (referred to herein as “we”, “us”, “our” or similar pronouns) THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF USE AND THE CONDITIONS RELATING THERETO  DESCRIBED HEREIN AND ALL ADDITIONAL TERMS ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PROCEED TO USE THE SITES OR THE SERVICES. YOUR ACCESS OF THE SITES AND USE OF THE SERVICES SHALL BE DEEMED YOUR EXPRESS APPROVAL OF THESE TERMS OF USE.

Modifications to Terms of Use

Milpark reserves the right to change and/or amend and/or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in its sole discretion. If Milpark changes or modifies these Terms of Use, Milpark will indicate at the top of this page the date these Terms of Use were last revised. Any changes and/or amendments and/or modifications will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notice of such changes and/or amendments and/or modifications. Your continued use of any of the Sites or the Services will constitute and confirm your agreement to and acceptance of such changes and/or amendments and/or modifications. It is your sole responsibility to regularly check this Site to identify if there have been changes and/or amendments and/or modifications to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.

Privacy Policies

Please refer to the privacy policy for information on how Milpark collects, uses and discloses the information collected.

If you are an employee of Milpark, you should also refer to the Milpark Employee Handbook. If you are a student of an Apollo Institution, you should also refer to applicable Apollo Institution’s catalog policies concerning educational record privacy as well as any “Acceptable Use of University Computing and Communication Resources”.

Milpark Employees

If you are a Milpark Employee you have certain responsibilities with respect to your conduct as set forth in the applicable Milpark Employee Handbook. Your conduct on the Sites is subject to and must fully conform with: a) the terms set out in these Terms of Use b) the terms set out in the Milpark Employee Handbook; c) any Additional Terms set out on the Site(s) and d) any other employment agreements or acknowledgements that may be applicable to you. Violation of any Milpark policies and procedures, employment agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in Milpark's sole discretion, up to and including termination of your employment, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any policy in the Milpark Employee Handbook, or other term of employment, the order of precedence to resolve such conflicts shall be as follows: a) the terms of any specific employment agreement or acknowledgment; b) the applicable Milpark Employee Handbook policies; and c) these Terms of Use. Notwithstanding the previous sentence, Milpark reserves the right to resolve any such conflicts in its sole discretion.

Copyright and Limited License from Milpark

Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, all intellectual proprietary rights, logos, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and  arrangement thereof (collectively, the "Site Materials") are the proprietary property of Milpark or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such limited license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

  1. resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
  2. decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, or the Site Materials or the Services;
  3. distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
  4. modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
  5. use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
  6. download, index or in any non-­‐transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
  7. remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
  8. create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Services or any proprietary information related thereto;
  9. contest the validity of the Site, Site Materials or any Services for any reason whatsoever; or
  10. use the Sites, the Site Materials or the Services other than for its intended purpose.

Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of Milpark or its licensors or users, is strictly prohibited and will, among other things, terminate the limited license granted herein. Such unauthorized use or attempted use by you may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without having to provide any reasons whatsoever, in Milpark's sole discretion.

Repeat Infringer Policy

In accordance with applicable law, Milpark may terminate, in appropriate circumstances and at Milpark's sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. Milpark may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others regardless of whether or not there is any repeat infringement. Notwithstanding the foregoing, users who are students of any Apollo Institution will additionally be subject to the policies and procedures set forth in the applicable Apollo Institution’s Catalog (e.g. any applicable Student Code of Conduct policy). All employees of Milpark will also be subject to the policies and procedures set forth in the Milpark Employee Handbook, which policies and procedures are in addition to these Terms of Use.

Copyright Complaints

If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to [•]. To be effective, a notification of claimed infringement must be a written communication provided to the foregoing address and include substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single 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, and information reasonably sufficient to permit us to locate the material. (d) Information reasonably sufficient to permit our or our designee's contact with the Complaining Party, such as a current, valid physical address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted. (e) A statement that the Complaining Party has 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. (f) A statement that the information in the notification is accurate and under penalty of perjury that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

All logos and any other product or service name or slogan contained in the Sites are trademarks of Milpark, Apollo Institutions or their respective suppliers or licensors, and may not be copied, imitated or used by you, in whole or in part, without the express prior written permission of Milpark or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Milpark Education" or any other name, trademark or product or service name of Milpark or an Apollo Institution without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Milpark and Apollo Institutions and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Milpark.

Hyperlinks

MILPARK MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD‐PARTY WEB SITES ACCESSIBLE BY HYPERLINK FROM THE SITES, OR WEB SITES LINKING TO THE SITES. Such sites are not under the control of Milpark and Milpark is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Milpark provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Milpark of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser sessionYour use of any site to which you navigate from the Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. IT SHALL BE YOUR SOLE RESPONSIBILITY TO REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF ANY SITE TO WHICH YOU NAVIGATE FROM THE SITES.

You are granted a limited, non‐exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray Milpark or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in Milpark's sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time in the sole discretion of Milpark. You may not use Milpark’s logo or other proprietary graphic of Milpark to link to the Sites without the express prior written permission of Milpark. Further, you may not use, frame or utilize framing techniques to enclose any Milpark trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Milpark's express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Milpark, any Apollo Institution, or any third party.

Third Party Content and Applications

In addition to official pages on the Sites containing the content of Milpark or Apollo Institutions in support of their mission or related administrative business, our Sites may include third party content on the Sites and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of Milpark or the Apollo Institution. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). MILPARK DOES NOT MONITOR THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS AND CAN MAKE NO GUARANTEE AS TO THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS. MILPARK IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER OF WHATSOEVER NATURE FOR ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, OR FOR ANY LOSS, LIABILITY, HARM OR DAMAGES OF WHATSOEVER NATURE INCURRED AS THE RESULT OF YOUR USE THEREOF OR ACCESS THERETO, AND MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED AND MADE USE OF BY YOU "AS IS." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. USERS USE SUCH THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS AT THEIR OWN RISK.

Third Party Products, Services, Advertisements and Promotions

Milpark and Apollo Institutions may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. MILPARK AND THE APOLLO INSTITUTIONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF WHATSOEVER NATURE INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR PROMOTIONS OR AS THE RESULT OF THE PRESENCE OF SUCH NON-MILPARK ADVERTISERS OR THIRD PARTY INFORMATION ON THE SITES.

User Content and Conduct

The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including but not limited to chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). INTERACTIVE AREAS ARE PROVIDED "AS IS". YOU ARE SOLELY RESPONSIBLE AND INDEMNIFY AND HOLD MILPARK HARMLESS FOR ANY LOSS OR DAMAGE TO THE USER CONTENT WHICH MAY ARISE DURING YOUR USE OF SUCH INTERACTIVE AREAS AND YOU ACKNOWLEDGE AND ACCEPT THAT YOU USE SUCH INTERACTIVE AREAS AT YOUR OWN RISK.

If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, racist, obscene, pornographic, indecent, lewd,  harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise  objectionable in the discretion of Milpark;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the Johannesburg Stock Exchange.
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. BY POSTING ANY USER CONTENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LAWFUL RIGHT TO DISTRIBUTE AND REPRODUCE SUCH USER CONTENT;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive, destructive files or anything else which may cause harm or damage to the Interactive Areas or the Sites; and
  8. User Content that, in the discretion of Milpark acting reasonably, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Milpark or its users to any harm or liability of any type.

The foregoing list of prohibitions provides examples and is not complete or exclusive.

You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.

MILPARK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO OR RESULTING THEREFROM, NOR IS MILPARK LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. AS A PROVIDER OF INTERACTIVE SERVICES, MILPARK IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA. ACCORDINGLY, MILPARK HAS NO OBLIGATION TO SCREEN, EDIT, OR MONITOR USER CONTENT OR THE INTERACTIVE AREAS. However, Milpark reserves the right and absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time without cause or without having to provide any reason or notice of such action. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY USER CONTENT YOU POST OR STORE ON THE INTERACTIVE AREAS OR SITES OR THROUGH THE SERVICES AT YOUR SOLE COST AND EXPENSE. Any use of the Interactive Areas or other portions of the Sites or the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites or the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Milpark's legitimate interest in its systems and customers, or to ensure the integrity and operation of Milpark's business and systems, Milpark may access and disclose any information it considers necessary, including, without limitation, user profile information (i.e. name, e- mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Milpark's right to disclose any such information as set forth herein shall supersede and control any conflicting terms of any Site Privacy Policy.

Unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant Milpark and the Apollo Institutions a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media and, to the extent that any such User Content is information that may be used to personally identify you (“Personal Information”), you hereby consent to us making use of these rights and processing such Personal Information in accordance with our Privacy Policy. You grant Milpark and the Apollo Institutions and their affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that Milpark has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content and Milpark will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content under any circumstances whatsoever. Nothing in these Terms of Use obligates you to post User Content to any of the Sites.  Nothing in these Terms of Use obligates or may be deemed to obligate Milpark to sell, license or offer to sell or license any advertising, promotion or distribution rights.

YOU REPRESENT AND WARRANT THAT:

  1. YOU OWN AND CONTROL ALL OF THE RIGHTS TO THE USER CONTENT THAT YOU POST OR YOU OTHERWISE HAVE THE RIGHT TO POST SUCH USER CONTENT TO THE SITES AND LICENSE SUCH USER CONTENT TO MILPARK AND THE APOLLO INSTITUTIONS AS HEREIN PROVIDED;
  2. THE USER CONTENT IS ACCURATE AND NOT MISLEADING;
  3. THE USER CONTENT HAS NOT BE COPIED AND/OR SOURCED FROM ANOTHER USER; AND
  4. USE AND POSTING OF THE USER CONTENT YOU SUPPLY DOES NOT VIOLATE THESE TERMS OF USE AND WILL NOT VIOLATE ANY RIGHTS OF OR CAUSE INJURY TO ANY PERSON OR ENTITY.

Representations; Registration Data; Account Security

In consideration of your use of any of the Sites and the Services, you represent you are legally competent to form a binding contract and fully understand and accept these Terms of Use. In consideration of your use of any of the Sites and Services, you agree to:

  1. provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
  2. maintain and be solely responsible for the security of your password and identification;
  3. maintain and promptly update the Registration Data, and any other information you provide to Milpark, to keep it accurate, current and complete; and
  4. ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO THE REGISTRATION DATA AND ANY OTHER INFORMATION YOU PROVIDE.

Submissions Relating to Sites or Services

You acknowledge and consent that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Services, Milpark or Apollo Institutions provided by you by participating in surveys hosted by Milpark, or any third party vendors, on the Sites or related to the Sites, in the form of email, or any other submissions to Milpark, or any postings on the Sites, are non-confidential and shall be the sole property of Milpark, and that upon submission of such materials to Milpark you thereby assign without additional consideration all right, title or interest you may hold in such materials to Milpark. Milpark shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Export Restrictions

Any software and all underlying information and technology downloaded or viewed from the Sites or in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL TRADE REGULATIONS AND LAWS, BOTH FOREIGN AND DOMESTIC, IN YOUR USE AND VIEWING OF THE SITES AND SERVICES, INCLUDING WITHOUT LIMITATION, THE SOFTWARE OR TECHNICAL DATA. EXCEPT AS AUTHORIZED BY LAW, YOU AGREE AND WARRANT NOT TO EXPORT OR RE-‐EXPORT THE SOFTWARE OR TECHNICAL DATA TO ANY COUNTRY, OR TO ANY PERSON, ENTITY, OR END-USER SUBJECT TO U.S. EXPORT CONTROLS, INCLUDING WITHOUT LIMITATION PERSONS OR ENTITIES LISTED ON THE U.S. DEPARTMENT OF COMMERCE BUREAU OF EXPORT ADMINISTRATION'S DENIED PARTIES LIST AND THE U.S. DEPARTMENT OF TREASURY'S SPECIALLY DESIGNATED NATIONALS. YOU FURTHER REPRESENT AND WARRANT THAT NO U.S. FEDERAL AGENCY HAS SUSPENDED, REVOKED, OR DENIED YOUR EXPORT PRIVILEGES.

Financial Material Disclosure

Press Releases. The information contained within press releases issued by Milpark or Apollo Institutions should not be deemed accurate or current except as of the date the release is posted. MILPARK DOES NOT HAVE THE INTENTION OF UPDATING AND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE, THE INFORMATION IN THE PRESS RELEASES. To the extent any information therein is forward-­‐looking, it is intended to fit within the safe harbor for forward-­‐looking statements, and is subject to material risk.

Third Party Financial Information. Milpark may provide links to third party Web sites or services that contain financial or investment information about Milpark or Apollo Institutions. As with all third party Web sites, Third Party Content and Third Party Applications, access to such Web sites and the information contained therein is provided as a convenience to you. Neither Milpark nor Apollo Institutions monitor or has any control over the content of third parties' statements or Web sites. Accordingly, Milpark does not endorse, confirm or adopt these Web sites or any information contained therein, including, without limitation, analysts’ reports and stock quotes in any way relating to Milpark, Apollo Institutions, any third party or otherwise. NEITHER MILPARK NOR APOLLO INSTITUTIONS MAKES ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, OR OPINIONS OF THIRD-PARTY WEB SITES OR OTHER THIRD-PARTY INFORMATION THAT IS IDENTIFIED ON THE SITES. USERS VISIT THESE WEB SITES AND USE THE INFORMATION CONTAINED THEREIN AT THEIR OWN RISK.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MILPARK AND APOLLO INSTITUTIONS, THEIR AFFILIATED ENTITIES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS AND CONSULTANTS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES OF WHATSOEVER NATURE, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO,  ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES, THE SERVICES AND ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITES, THE SERVICES OR YOUR USE OF THE INTERACTIVE AREAS, INCLUDING WITHOUT LIMITATION, ANY ACTUAL OR THREATENED SUIT, DEMAND OR CLAIM MADE AGAINST MILPARK, APOLLO INSTITUTIONS AND/OR THEIR AFFILIATED ENTITIES, INDEPENDENT CONTRACTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS OR CONSULTANTS, ARISING OUT OF OR RELATING TO THE USER CONTENT, YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS OF USE OR THE PRIVACY POLICY, AS EACH MAY BE AMENDED FROM TIME TO TIME, OR YOUR VIOLATION OF ANY LAW(S), REGULATION(S), OR THE RIGHT(S) OF ANY THIRD PARTY.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MILPARK, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES AND ALL SITE MATERIALS AND USER CONTENT (THE “CONTENT”) MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND BEING PROVIDED FOR BY MILPARK IN THIS RESPECT, EITHER EXPRESS OR IMPLIED. MILPARK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. NEITHER MILPARK NOR ANY APOLLO INSTITUTION REPRESENTS OR WARRANTS THAT THE CONTENT ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MILPARK AND APOLLO INSTITUTIONS DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER MILPARK NOR ANY APOLLO INSTITUTION IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE MILPARK ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THEY CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Milpark reserves the right and in its sole discretion to change or suspend or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Milpark or an Apollo Institution

Limitation of Liability

IN NO EVENT SHALL MILPARK, ANY APOLLO INSTITUTION, OR THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE INTERACTIVE AREAS, OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY CONTENT OBTAINED FROM MILPARK OR AN APOLLO INSTITUTION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MILPARK'S OR AN APOLLO INSTITUTION’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MILPARK, WHETHER IN CONTRACT, WARRANTY, DELICT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MILPARK FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT AT MILPARK OR AN APOLLO INSTITUTION, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY ELECTRONIC COURSE MATERIAL FEES TO MILPARK OR AN APOLLO INSTITUTION, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.

Applicable Law and Venue

These Terms of Use and your use of the Sites and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of South Africa applicable to agreements made and to be entirely performed within South Africa, without resort to its conflict of law provisions. You agree that any claim arising out of or relating to these Terms of Use shall be brought only in South Africa and you  hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the high courts of the Gauteng Division arising out of these Terms of Use.

Termination

Notwithstanding any of these Terms of Use, Milpark reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Services or any portion thereof, and to block or prevent future your access to and use of the Sites or any of the Services.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable,
 

Questions & Contact Information

Questions or comments about the site may be directed to Milpark at info@milpark.ac.za.