Terms of Use

I. Introduction

Please read these Terms of Use (“Terms”) carefully. These Terms constitute a binding agreement between you and Guild Education, Inc. (“Guild,” “Company,” “we,” or “us”) and shall govern your use of our website guildeducation.com (“Website”). The term “Website” shall include services that are provided through the Website and any associated software or applications used in connection with providing the services. These Terms include Guild’s website Privacy Policy, which is incorporated by reference.

Your use of the Website signifies your agreement to be bound by these Terms in full. If you do not agree to any part of these Terms, do not access or use the Website. If you are under 18 years of age, you represent and agree that you have the legal consent of your parent or guardian to access and use the Website. By submitting any personal information to us through the Website you consent to the collection and use of your personal information in accordance with our website Privacy Policy.

International Users

This Website is targeted towards users located in the United States, however, given the nature of the Internet, it may be accessed in other parts of the world. If you are not a resident of the United States and you use the Website, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk, and that it is your responsibility to make sure that your use of the Website complies with all applicable local laws in the jurisdiction form where you access or use the Website. If you are located outside of the United States, by using the Website or submitting any personal information to us, you expressly consent to the transfer, processing and storage of your personal information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside.

Revisions to These Terms

We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version on the Website, without prior notice. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of the Website after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using our Website.

II. Use of the Website

Ownership

Guild or its licensors are the exclusive owners of the content on the Website, including, but not limited to, designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and other content (collectively “Content”). The Website and all Content are the property of Guild or our licensors and are protected under copyright, trademark and other laws, and all copyright and other intellectual property rights in our Website and the Content are reserved worldwide. Unauthorized use of the Content may violate copyright, trademark or other applicable laws and is strictly prohibited.

Limited License

Subject to these Terms you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access, view and use the Website and its Content for your own personal use, for the sole purpose of evaluating the programs that we and our partners offer, creating an account or online registration, submitting an application to or registering for our programs or the programs of our partnering educational institutions, and requesting additional information from us. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.

No Content or other material made available on or through the Website may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, without the written permission of the copyright owner, unless such material is specifically made available for and authorized to be downloaded from the Website, in which case you are authorized to download a single copy of the materials for your own personal use.

No Content or other materials obtained from or through the Website, even if authorized for download from the Website, may be redistributed, nor may they be used for any commercial purpose, without our prior written consent.

We reserve the right to restrict access to areas of our Website, or indeed our whole Website, in our sole discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

Prohibited Use

You agree to use our Website only for its intended purpose and in compliance with all applicable laws. The following uses of our Website are prohibited. You agree not to:

A. Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

B. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to user accounts or the technology and equipment supporting our Website;

C. Frame or link to our Website without our written permission;

D. Use our Website in any way that is or may potentially be unlawful, illegal, fraudulent or harmful, or in connection with any actual or potentially unlawful, illegal, fraudulent or harmful purpose or activity;

E. Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consist of (or are linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software;

F. Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

G. Disclose personal information about another person, or post any content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive or that encourages criminal conduct or that gives rise, or potentially gives rise to civil or criminal liability;

H. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

Account Creation and Registration

To use certain features of our Website you must create an account or online registration by completing and submitting the account registration form on our Website and following any verification instructions that the Website sends to you. In order to create an account you will need to provide us with some personal information, including, but not limited to, your name and email address. You agree that all information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading, and you agree to ensure that this information is kept accurate and up-to-date at all times.

Login Credentials

If you register for an account with our Website you will be asked to choose a username and password. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your login credentials. You agree to notify us immediately if you believe that the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be responsible for any loss or damage arising from unauthorized use of your login credentials. You may cancel your account at any time through the settings in your account. Please note that we reserve the right to suspend or cancel your account at any time, or terminate your use of our Website, at any time in our sole discretion, with or without cause or notice of explanation.

Communication

If you have created an account on our Website, you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications from us, as further explained in our website Privacy Policy.

'Electronic Notices: By using our Website or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security breach relating to your personal information that is required to be reported to you pursuant to applicable state law, we may attempt to notify you electronically by posting a notice on our Website or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach that is required to be reported to you under applicable state law, (or to withdraw your consent to receive electronic notices), please contact us at [email protected].

User Content

Our Website may provide you with the ability to create, post, or share content or coursework, including by posting messages in chat rooms or comments on blog posts, or via other means (“User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to your User Content and you are responsible for protecting those rights. You understand and agree that you will not obtain, through the use of the Website, any right, title or interest (including intellectual property rights) in any content delivered via the Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content posted by other Website users.

You represent and warrant that: (i) you own the User Content posted by you on or through the Website or that you otherwise have the right to grant the license set forth below; (ii) the posting and use of your User Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Content on the Website does not result in a breach of contract between you and a third party. You acknowledge and agree that your User Content is non-confidential and non-proprietary and you agree to pay all monies owing to any person as a result of posting your User Content on our Website.

License to Use User Content

By creating, posting or sharing any User Content on or through our Website, you grant Guild an irrevocable, perpetual, transferrable, unconditional, unrestricted, sublicenseable, world-wide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display and create derivative works from you User Content for any purpose, without compensation to you, including for the purpose of promoting our Website and the programs and services we offer. Notwithstanding the foregoing, if you post or share student coursework, we agree not to modify such coursework without your express permission. You waive any rights you may have regarding your User Content, except for coursework, being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of your User Content in our sole discretion.

User Content Disclaimers

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users of our Website. You accept that any reliance on material posted by other users of the Website or other third parties will be at your own risk. By using the Website you accept the risk that you might be exposed to content posted by other users that is objectionable or otherwise inappropriate.

You are solely responsible for your User Content that is posted on the Website and we do not endorse, nor are we responsible for, your User Content. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequences that may arise from the posting of your User Content on or through the Website. You may expose yourself to liability if, for example, your User Content contains material that is false, misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

III. Course or Program Sign-up

Our Website provides a platform to enable you to view information online about courses, workshops and other educational programs and events offered by us and the educational institutions with whom we partner. Non-degree courses and programs offered by Guild may include, but not be limited to, bootcamps, career workforce training, certificates, customized training, customized courses and programs, pre-college course, and non-academic and developmental preparation courses and programs. Programs offered by Guild may be made available for free or for a fee, in our sole discretion, and the fees charged for a particular program that Guild offers may be revised by us at any time. Guild Program enrollment may be limited and is subject to availability until we receive your payment. We are not responsible for and have no liability relating to the courses or programs provided by our partnering educational institutions. All courses and programs offered by our third-party partners are subject to those partners’ own cancellation, withdrawal, payment, refund and other policies.

Cancellation or Withdrawal: Payment for Courses and Programs

You agree to pay for all courses or programs that you signup for through the Website, by the due date specified, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any payments due. We make no representations or warranties about the continued availability of any particular form of payment method made available for use with our Website. Third-Party Payment Processors: Guild currently uses a secure third-party payment processor to process payment card transactions. Our third-party payment processor accepts payments through the methods detailed on the applicable payment screen. Information you supply to our payment processor is not stored by us or within our control, and is subject to the payment processor’s own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Guild is not responsible for any fees charged by them. We disclaim all liability with regard to any fees or problems that you have with our third-party payment processor.

Disputed Charges

You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending us an email at [email protected].

Information Provided to Instructors

Instructors of courses and programs offered by Guild may ask you for information, including personal information such as your email address, to help facilitate the provision of the course or program. Instructors are required to use your information only to communicate about the course or program in a professional manner; however, you agree that we are not responsible for any use of your information by an instructor for other purposes.

Third-Party Websites and Services

Our Website may link to third-party websites, including the websites of the educational institutions that we partner with to offer programs and services. If you use these links, you will leave our Website. Some of these websites may use content provided by Guild under a license from us. We are not responsible for these third-party websites, regardless of whether we partner with the operators of these websites. We do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Guild is not responsible or liable for any loss or damages of any sort incurred as a result of any dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on our Website.

IV. Disclaimers, Limitations and Indemnification

Disclaimer of Warranties

OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND (I) AS TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PUBLISHED ON OUR WEBSITE, OR THAT THE INFORMATION WILL BE UP TO DATE, (II) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OF USING OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THAT THE QUALITY OF ANY COURSES OR PROGRAMS AVAILABLE THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS; (IV) THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (V) THAT ALL ERRORS OR NON-CONFORMITIES WITH THE WEBSITE CAN BE OR WILL BE CORRECTED; OR (VI) THAT THE WEBSITE WILL REMAIN AVAILABLE.

WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS INHERENT WITH USING THE INTERNET AND ELCTRONIC COMMNICATIONS, AND WE SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY THIRD PARTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY UNIVERSITY OR CORPORATE EMPLOYER THAT WE PARTNER WITH. YOU ACKNOWLEDGE AND AGREE THAT WE DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH THE UNIVERSITY EDUCATION PROGRAMS THAT YOU MAY PARTICIPATE IN THROUGH THE WEBSITE, AND THAT IF YOU ENROLL IN ONE OF THE UNIVERSITY EDUCATION PROGRAMS, YOU AGREE THAT YOU MAY ONLY SEEK REDRESS FOR ANY CLAIMS ASSOCIATED WITH THE PROGRAM DIRECTLY FROM THE UNIVERSITY IN WHICH YOU ENROLL.

We reserve the right to discontinue or alter all or any part of our Website, and to stop publishing our Website altogether, at any time in our sole discretion, without notice or explanation. You agree that you are not entitled to any compensation or other payment upon the discontinuance or alteration of our Website or if we stop publishing the Website.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOSSES, HARMS, INJURIES, COSTS OR EXPENSES, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OR CORRUPTION OF ANY DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILTY TO USE THE WEBSITE.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Guild may not, as a matter of applicable law, disclaim any implied warranty or limit its liability, the scope and duration of such warranty and the extent of Guild’s liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify and hold harmless Guild and our officers, employees, agents, service providers, partners and licensors from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) your failure to comply with any of your representations, warranties or obligations under these Terms; (ii) your violation of any person’s intellectual property, privacy, publicity or other right; (iii) the violation by you or anyone using your registered account of any applicable law and/or these Terms; (iv) your wilful misconduct, or the wilful misconduct of anyone using your registered account, in connection with your (or such other person’s) use of the Website (in whole or in part); (v) your use or reliance on third-party or Website Content; or (vi) your User Content. Guild reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Guild in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your registered account or your use of the Website.

V. Copyright Policy

Upon proper notice, Guild will remove User Content and any other Website Content that violates applicable copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, Guild has implemented procedures for receiving written notification of claimed copyright infringement on the Website and for processing such claims in accordance with such law. If you believe in good faith that materials posted on our Website infringe your copyright, you (or your agent) may send Guild a written “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

The notice must be in writing and must include the following: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Guild to locate the material on the Website; (iii) information reasonably sufficient to permit Guild to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) 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 (vi) your physical or electronic signature. By submitting a notification, you acknowledge and agree that Guild may forward your notification and any related communications to any users who posted the material identified in such notice.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you or your User Content has been wrongfully removed from our Website, you may send Guild a counter-notification. Your counter notification, to be effective, must be in writing and must include the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Website; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located, and agree to accept service of process from the person who submitted the original infringement notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Guild may forward your counter notification and any related communications to the person who submitted the original notification that resulted in the removal of your User Content or to other third parties.

Notices and counter notices should be sent to [email protected].

VI. General Provisions

Binding Arbitration

THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. YOU AND GUILD AGREE TO SUBMIT ANY DISPUTES RELATING TO THESE TERMS, THE WEBSITE, OR YOUR USE OF THE WEBSITE, FOR FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBIRTRATION ASSOCIATION. ANY SUCH ARBITRATION SHALL BE CONDUCTED IN DENVER. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER HAS BEEN SUBMITTED TO ARBITRATION AS REQUIRED BY THESE TERMS, AND THEN, ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD. Notwithstanding the foregoing, in the event of a dispute between you and one of the educational institutions with which we partner, to which Guild is made a party, Guild hereby reserves the right to have any such dispute tried together in a court of competent jurisdiction. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website or your registered account.

Severability; Waiver

If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Guild to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with our website Privacy Policy, shall constitute the entire agreement between you and Guild in relation to your use of our Website.

Contact Us

720.709.2871 or [email protected]

Effective Date: January 13th, 2016

Last Reviewed: September 10th, 2018