Last Revised: August, 2015
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”.
Copyright and Limited License from Milpark
- resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
- decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, or the Site Materials or the Services;
- distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
- modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
- use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
- 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;
- 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;
- 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;
- contest the validity of the Site, Site Materials or any Services for any reason whatsoever; or
- use the Sites, the Site Materials or the Services other than for its intended purpose.
Repeat Infringer Policy
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.
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.
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:
- 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;
- 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.
- 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;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- 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;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
- 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
- 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.
YOU REPRESENT AND WARRANT THAT:
- 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;
- THE USER CONTENT IS ACCURATE AND NOT MISLEADING;
- THE USER CONTENT HAS NOT BE COPIED AND/OR SOURCED FROM ANOTHER USER; AND
Representations; Registration Data; Account Security
- provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
- maintain and be solely responsible for the security of your password and identification;
- maintain and promptly update the Registration Data, and any other information you provide to Milpark, to keep it accurate, current and complete; and
- 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.
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.
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
Questions & Contact Information
Questions or comments about the site may be directed to Milpark at email@example.com.