PLEASE READ THE FOLLOWING TERMS CAREFULLY:
By Creating an account with Hope Tech University Site, Or Accessing Or Using The Service,
You Agree That You Have Read And Understood, And, As A Condition To Your Use Of
The Service, You Agree To Be Bound By, The Following Terms And Conditions, Including
The privacy policy For The Service (The “privacy policy”) And Other Policies And
Additional Terms We Reference Below (Together, These “Terms”). If You Are Not Eligible
To Use The Service (As Outlined In These Terms), Or Do Not Agree To The Terms, Then
You Do Not Have Our Permission To Use The Service. You’re Use of the Service, And Hope
Tech University’s Provision of the Service to You, Constitutes an Agreement by and between
Hope Tech University and You to Be Bound by These Terms.
ARBITRATION NOTICE.
Except for certain kinds of disputes as described in Section 18 (Dispute Resolution and
Arbitration), you agree that disputes arising under these Terms will be resolved by binding,
individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND HOPE TECH
UNIVERSITY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT
TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Hope Tech University Service Overview.
1.1
Hope Tech University is a mission-driven online course provider. Through the Service, you
may: browse courses, programs comprising a series of related trainings, and other content
(collectively with Courses and Programs,) offered by institutions and individuals, our
Members (as defined below), Hope Technology Inc. is the parent company of Hope Tech
University). non-Member institutions; create an Account; sign up to receive more information
about certain Offerings offered through the Service; purchase (or otherwise enroll in and have
access to) certain of the Offerings offered through the Service, including a recurring
subscription to certain Offerings; and participate in certain of the Offerings offered through
the Service, including engaging with course content, taking tests, obtaining your results and
certificates of achievement, and providing feedback following an Offering.
1.2
“Members” means the educational institutions or other entities that create Offerings using
tools provided by Hope Tech University and offer those Offerings directly to you through the
Service. If you are enrolled in the paid or verified track of a Course offered through the
Service (the “Certificate Track”), your satisfactory completion of such Course, as determined
in our or a Member’s sole discretion, may result in you being awarded a verified certificate of
achievement (a “Certificate”) confirming your successful completion of the Course. If you
earn a Certificate for each Course in a Program offered through the Service, you will be
eligible to receive a Certificate for the Program as well. Unless otherwise determined by
Hope Tech University, no Certificates are awarded for learners enrolled in the unpaid track
(“Audit Track”) of a Course.
1.3
Other Offerings are viewable on the Hope Tech University Site but are provided by
educational, corporate, or non-profit partners that are not Members and/or are offered in
partnership with Hope Technology Inc. Signing up to receive more information about,
enrolling in, or participating in such Offerings may take place on third-party sites (or, in some
cases, sites operated by Hope Technology Inc) that are not subject to these Terms.
2.
Eligibility.
Any age range can use the Service. By agreeing to these Terms, you represent and warrant to
us that: (a) you are at least of age to use the platform; (b) you have not previously been
suspended or removed from the Service; and (c) your registration and your use of the Service
complies with any and all applicable laws and regulations. If you are an entity, organization,
or company, the individual accepting these Terms on your behalf represents and warrants that
they have authority to bind you to these Terms and you agree to be bound by these Terms.
3.
Accounts and Registration.
To access most features of the Service, you must register for an Account. When you register
for an Account, you will be required to provide us with some information about yourself,
such as your name, email address, date of birth, country or region of residence, or other
contact information etc. You agree that the information you provide to us is accurate,
complete, and not misleading, and that you will keep it accurate and up to date at all times.
When you register, you will be asked to create a username and password. You are solely
responsible for maintaining the confidentiality of your Account and password, which includes
not sharing your password or letting anyone else access or compromise your Account and
restricting access to the Service from your compatible mobile device(s) and computer(s). You
accept responsibility for all activities that occur under your Account. If you believe that your
Account is no longer secure, then you should immediately notify us at info@hopetecc.com
University.org.
4.
Degree Offerings.
4.1
You may elect to enroll in degree or other credit-bearing programs offered by our Members
through the Service (collectively, “Degree Offerings”). Members, and not Hope Tech
University, are the providers of the distance education within these Degree Offerings and
make all decisions regarding admissions, academic/curriculum content, student instruction,
degree conferrals, financial aid, and refunds. When you enroll in any Degree Offering, you
may be subject to Member policies and practices (whether set forth in a student handbook or
otherwise), required to abide by such policies and practices, and subject to disciplinary action
for your failure to do so. These Terms do not limit any terms, conditions, policies, and/or
practices established by the Member offering any Degree Offering, and any conflict between
these Terms and the terms, conditions, policies, and/or practices specific to the Degree
Offering of any Member shall be resolved strictly in favor of such terms, conditions, policies,
and/or practices. Nothing in these Terms is intended or shall be deemed to supersede any
Member’s terms, conditions, policies, and/or practices applicable to you for any Degree
Offering.
4.2
Depending on the Degree Offering, tuition and fee payments for a Degree Offering may be
collected by Hope Tech University or by the applicable Member. You are encouraged to
conduct your own research and determine whether the cost of any Degree Offering is right
for you based on your career, personal, financial, and other goals. Members typically control
the costs (e.g., tuition and fees) associated with their Degree Offerings and those costs may
be subject to change for future academic terms or other relevant time periods. Refunds may
be available for paid Services as described in our Reform Policy below or as described in any
terms and conditions made available by a Member with respect to a particular Degree
Offering.
4.3
Professional licensure and certification requirements may vary by state and country, and job
requirements vary by employer. Hope Tech University does not guarantee licensure,
certification, or qualification for any profession or job based on your completion of a Degree
Offering through the Service. You are advised to research, understand, and comply with the
requirements in the applicable state and/or country in which you work or intend to work, and
to investigate whether the Degree Offering in which you intend to enroll meets your
academic and/or professional needs before enrolling. You should also consult any materials
made available by the Member about its Degree Offering(s) with respect to licensure or
certification for a particular field or occupation.
5.
General Payment Terms.
Certain features of the Service may require you to pay fees. You are responsible for paying
all fees charged by or for Hope Tech University and applicable taxes in a timely manner with
a payment mechanism associated with the applicable product or service. Before you pay any
fees, you will have an opportunity to review and accept the fees that you will be charged and,
as applicable, any other terms and conditions associated with your purchase (e.g., expiration
dates for course entitlements). Unless otherwise specifically provided for in these Terms, all
fees are in Liberian Dollars and U.S. Dollars and are non-refundable, except as provided in
our Reform Policy or as required by law.
5.1
Price. Hope Tech University reserves the right to determine pricing for the Service. Hope
Tech University will make reasonable efforts to keep pricing information published on the
Service up to date. Hope Tech University may change the fees for any feature of the Service,
including additional fees or charges, if Hope Tech University gives you advance notice of
changes before they apply. Hope Tech University, at its sole discretion, may make
promotional offers with different features and different pricing available to any of Hope Tech
University’s business partners or customers. These promotional offers, unless made to you,
will not apply to you, and we reserve the right to revoke a promotional offer in the event that
we determine you are not eligible. Unless otherwise indicated, the fees charged by Hope Tech
University or any of its third-party payment processors for the Service are inclusive of all
value added taxes, goods and services taxes, duties, levies, or charges, as determined and
applicable based on the tax laws in your country.
5.2
Authorization. You authorize Hope Tech University to charge all sums for any purchases you
make within the Service as described in these Terms or otherwise published by Hope Tech
University, including all applicable taxes, to the payment method specified in your Account.
If you pay any fees with a credit card, then Hope Tech University may seek pre-authorization
of your credit card account prior to your purchase to verify that the credit card is valid and
has the necessary funds or credit available to cover your purchase.
5.3
Subscription Offerings.
This Section 5.3 sets forth additional terms that apply to your use of our Subscription
Offerings (as defined below). By subscribing to a Subscription Offering, you agree to the
additional terms in this Section. For clarity, to the extent you have access to any subscription based plan through a Hope Tech University for Business arrangement; such access is not
subject to this Section and is instead governed by the agreement between Hope Tech
University and the subscribing organization.
The Service may include certain subscription-based plans with automatically recurring
payments for periodic charges, which enable subscribers to enroll in the Certificate Track of
the Offerings included within such plan (each, a “Subscription Offering”). Hope Tech
University may offer some Subscription Offerings with a one-time free trial period. For each
Subscription Offering, the duration of any free trial period, the duration of the subscription
period, and the fee for the Subscription Offering (the “Subscription Fee”) will be specified at
the time you subscribe.
Your paid subscription to a Subscription Offering (i) will begin on the date when you first
purchase your subscription (for clarity, automatically after any applicable free trial period)
(the “Subscription Billing Date”) and continue for the duration of the subscription period
(such period, the “Initial Subscription Period”), and (ii) will automatically renew for
successive periods of the same duration as the Initial Subscription Period (the Initial
Subscription Period and each such renewal period, each a “Subscription Period”), unless you
cancel your subscription or we terminate your subscription or the Subscription Offering.
If you subscribe to a Subscription Offering, then you authorize Hope Tech University or its
third-party payment processors to periodically charge, on a going-forward basis and until
your cancellation or our termination of your subscription or the Subscription Offering, all
sums that have accrued on or before the payment due date. For each Subscription Offering to
which you are subscribed, your Account will be charged automatically on the Subscription
Billing Date and thereafter on the renewal date of your subscription for all applicable
Subscription Fees for the next Subscription Period. Hope Tech University or its third-party
payment processor will bill such charges to the payment method associated with your
Account or that you otherwise provide to us. You will promptly update your Account
information with any changes to your payment method (for example, a change in your billing
address or credit card expiration date) that may occur.
You may cancel a subscription to a Subscription Offering by selecting “Orders and
subscriptions” and then “Manage my subscription” within your Account settings, which will
redirect you to Hope Tech University’s payment processor for Subscription Offerings, where
you can click “Cancel plan” for the applicable subscription. YOUR CANCELLATION
MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID THE
CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. FOR SUBSCRIPTION
OFFERINGS WITH A FREE TRIAL PERIOD, YOUR CANCELLATION MUST BE
RECEIVED BEFORE THE END OF THE FREE TRIAL PERIOD IN ORDER TO AVOID
THE INITIAL SUBSCRIPTION FEE. For more info on canceling a subscription, visit
the Hope Tech University Help Center.
If you cancel a subscription to a Subscription Offering before the end of the applicable free
trial, you will have access to Certificate Track of the Offerings within the Subscription
Offering until the end of the free trial period. After that point, Hope Tech University reserves
the right to (i) unenroll you from all applicable Offering(s) within such Subscription Offering,
which may result in you losing any progress you made in such Offering(s) to the extent you
opt to re-enroll in the Offering via a new subscription or otherwise or (ii) change your
enrollment in such Offering(s) from the Certificate Track to the Audit Track. If you cancel
your subscription to a Subscription Offering after any applicable free trial, you will have
access to Certificate Track of the Offerings within the Subscription Offering until the end of
the then-current Subscription Period. After that point, Hope Tech University reserves the
right to change your enrollment in such Offering(s) from the Certificate Track to the Audit
Track.
5.4
Delinquent Accounts.
Hope Tech University may suspend or terminate access to the Service, including fee-based
portions of the Service, for any Account for which any amount is due but unpaid. In addition
to the amount due for the Service, a delinquent Account will be charged with fees or charges
that are incidental to any chargeback or collection of any unpaid amount, including collection
fees.
If your payment method is not valid at the time a Subscription Fee is due and you do not
resolve the issues with payment during any applicable grace period that may be provided by
Hope Tech University, then Hope Tech University reserves the right to suspend your
subscription to the applicable Subscription Offering(s) and (i) unenrolled you entirely from
all applicable Offering(s) within such Subscription Offering, which may result in you losing
any progress you made in such Offering(s), to the extent you opt to re-enroll in the Offering
via subscription or otherwise or (ii) change your enrollment in such Offering(s) from the
Certificate Track to the Audit Track.
6.
Licenses.
6.1
Limited License. Subject to your complete and ongoing compliance with these Terms, Hope
Tech University grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one
object code copy of any mobile or other downloadable application associated with the
Service (whether installed by you or pre-installed on your mobile device by the device
manufacturer or a wireless telephone provider) on a mobile device that you own or control;
and (b) access and use the Service. For Materials (as defined in Section 7 (Ownership;
Proprietary Rights)) included within an Offering, the foregoing license is limited to your use
of the Materials in connection with such Offering.
6.2
License Restrictions. Except and solely to the extent such a restriction is impermissible under
applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or
create derivative works of the Service; (b) make modifications to the Service; or (c) interfere
with or circumvent any feature of the Service, including any security or access control
mechanism. If you are prohibited under applicable law from using the Service, then you may
not use it.
6.3
Feedback. We respect and appreciate feedback from our users. If you choose to provide input
and suggestions regarding existing functionalities, problems with or proposed modifications
or improvements to the Service (“Feedback”), then you hereby grant Hope Tech University
an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and
license to exploit the Feedback in any manner and for any purpose, including to improve the
Service and create other products and services. We have no obligation to provide you with
attribution for any Feedback you provide to us.
7.
Ownership; Proprietary Rights.
7.1
The Service is owned and operated by Hope Tech University. The visual interfaces, graphics,
design, compilation, information, data, computer code (including source code or object code),
products, software, services, and all other elements of the Service provided by Hope Tech
University (“Materials”) are protected by intellectual property and other laws. All Materials
included in the Service are the property of Hope Tech University, Hope Technology Inc, or
their third-party licensors (including, as applicable, Members). Except as expressly
authorized by Hope Tech University (including as set forth in Section 6 (Licenses) of these
Terms) or directly by the applicable copyright holder, you may not make use of the Materials.
There are no implied licenses in these Terms and Hope Tech University reserves all rights to
the Materials not granted expressly in these Terms.
8.
Third-Party Terms.
8.1
Third-Party Services and Linked Websites.
Hope Tech University may provide tools through the Service that enable you to export
information, including User Content (as defined in Section 9.1 (User Content)), to third-party
services, including through our implementation of third-party buttons (such as “like” or
“share” buttons) from third-party services, such as Twitter or Facebook. By using one of
these tools, you hereby authorize Hope Tech University to transfer that information to the
applicable third-party service. The Service may also contain links to third-party websites.
Third-party services and linked third-party websites are not under the control of Hope Tech
University, Hope Technology Inc, or any Hope Tech University Participant (as defined in
Section 14.4 (Modification of the Service)), and, to the fullest extent permitted by law, none
of Hope Tech University, Hope Technology Inc, and any Hope Tech University Participant
are responsible for any third-party service’s use of your exported information or any third party website’s content. Hope Tech University, Hope Technology Inc, and the Hope Tech
University Participants are not responsible for and do not routinely screen, approve, review,
or endorse the contents of or use of any of the products or services that may be offered by
such third parties. Please be sure to review the terms of use and privacy policy of any third party services and websites before you share any User Content or information with such
third-party services or websites. Once sharing occurs, none of Hope Tech University, Hope
Technology Inc, and any Hope Tech University Participant will have any control over the
information that has been shared. If you decide to access any third-party services or linked
third-party websites, you do so at your own risk.
8.2
Third-Party Software. The Service may include or incorporate third-party software
components that are generally available free of charge under licenses granting recipients
broad rights to copy, modify, and distribute those components (“Third-Party Components”).
Although the Service is provided to you subject to these Terms, nothing in these Terms
prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party
Components under the applicable third-party licenses or to limit your use of Third-Party
Components under those third-party licenses.
9.
User Content.
9.1
User Content Generally. Certain features of the Service may permit users to submit, upload,
publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages,
reviews, photos, video, or audio (including sound or voice recordings and musical recordings
embodied in the video or audio), images, folders, data, text, and any other works of
authorship or other works (“User Content”). You retain any copyright and other proprietary
rights that you may hold in the User Content that you Post to the Service, subject to the
licenses granted in these Terms.
9.2
Limited License Grant to Hope Tech University and Members. By Posting User Content to or
via the Service, you grant Hope Tech University and, with respect to each Offering, the
relevant Member(s), a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right
and license (with the right to sublicense through multiple tiers) to host, store, transfer,
publicly display, publicly perform (including by means of a digital audio transmission),
communicate to the public, reproduce, modify for the purpose of formatting for display,
create derivative works as authorized in these Terms, and distribute your User Content, in
whole or in part, in any media formats and through any media channels, in each instance
whether now known or hereafter developed. All of the rights you grant in these Terms are
provided on a through-to-the-audience basis, meaning the owners or operators of external
services will not have any separate liability to you or any other third party for User Content
Posted or otherwise used on external services via the Service. You agree to pay all monies
owing to any person or entity resulting from posting your User Content and from Hope Tech
University’s exercise of the license set forth in this Section 9.2 (Limited License Grant to
Hope Tech University and Members).
9.3
Specific Rules for Musical Works and for Recording Artists – If you are a composer or author
of a musical work and have granted non-exclusive rights to a Performing Rights Organization
(“PRO”), then you must notify you’re PRO of the royalty-free license you grant through
these Terms to Hope Tech University. You are solely responsible for ensuring your
compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to
a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO
to grant the royalty-free license(s) set forth in these Terms or have that music publisher or
PRO enter into these Terms with Hope Tech University. Just because you authored a musical
work (e.g., wrote a song) does not mean you have the right to grant Hope Tech University the
licenses in these Terms to such work(s). If you are a recording artist under contract with a
record label, then you are solely responsible for ensuring that your use of the Service
complies with any contractual obligations you have to your record label, including if you
create any new recordings through the Service that may be claimed by your label. Finally, if
you wish to perform a cover song and Post it to the Service, you are responsible for securing
all rights in and to the underlying musical work before Posting your recording or performance
of that musical work to the Service.
9.4
You Must Have Rights to the Content You Post; User Content Representations and
Warranties. You must not Post User Content if you are not the owner of or are not fully
authorized to grant rights in all of the elements of that User Content. Hope Tech University
disclaims any and all liability in connection with User Content. You are solely responsible for
your User Content and the consequences of providing User Content via the Service. By
providing User Content via the Service, you affirm, represent, and warrant to us that:
you are the creator and owner of the User Content, or have the necessary licenses, rights,
consents, and permissions to authorize Hope Tech University and users of the Service to use
and distribute your User Content as necessary to exercise the licenses granted by you in this
Section, in the manner contemplated by Hope Tech University, the Service, and these Terms;
your User Content, and the Posting or other use of your User Content as contemplated by
these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach
any third-party right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property, contract, or proprietary
right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property
rights of any other person; or (iii) cause Hope Tech University to violate any law or
regulation or require us to obtain any further licenses from or pay any royalties, fees,
compensation or other amounts or provide any attribution to any third parties; and
Your User Content could not be deemed by a reasonable person to be objectionable, profane,
indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise
inappropriate.
9.5
User Content Disclaimer. We are under no obligation to edit or control User Content that you
or other users Post and will not be in any way responsible or liable for User Content. Hope
Tech University may, however, at any time and without prior notice, screen, remove, edit, or
block any User Content that in our sole judgment violates these Terms, is alleged to violate
the rights of third parties, or is otherwise objectionable. You understand that, when using the
Service, you will be exposed to User Content from a variety of sources and you acknowledge
that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to
waive, and do waive, any legal or equitable right or remedy you have or may have against
Hope Tech University with respect to User Content. If notified by a user or content owner
that User Content allegedly does not conform to these Terms, we may investigate the
allegation and determine in our sole discretion whether to remove the User Content, which
we reserve the right to do at any time and without notice. For clarity, Hope Tech University
does not permit infringing activities on the Service.
9.6
Monitoring Content. Hope Tech University does not control and does not have any obligation
to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of
the Service by its users. You acknowledge and agree that Hope Tech University reserves the
right to, and may from time to time, monitor any and all information transmitted or received
through the Service for operational and other purposes. If at any time Hope Tech University
chooses to monitor the content, then Hope Tech University still assumes no responsibility or
liability for content or any loss or damage incurred as a result of the use of content. During
monitoring, information may be examined, recorded, copied, and used in accordance with the
Privacy Policy. Hope Tech University may block, filter, mute, remove or disable access to
any User Content uploaded to or transmitted through the Service without any liability to the
user who posted such User Content to the Service or to any other users of the Service.
10.
Communications.
10.1
Push Notifications. When you register to our platform on your device, you agree (or may be
asked to agree) to receive push notifications, which are messages our platform sends you on
your device when you are not on the platform. You can turn off notifications by visiting your
device’s “settings” page.
10.2
Email. We may send you emails concerning our products and services, as well as those of
third parties. You may opt out of promotional emails by following the unsubscribe
instructions in the promotional email itself.
11.
Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO: Use the Service for any illegal purpose
or in violation of any local, state, national, or international law; post content related to
partisan political activities; harass, threaten, demean, embarrass, bully, or otherwise harm any
other user of the Service; violate, encourage others to violate, or provide instructions on how
to violate, any right of a third party, including by infringing or misappropriating any third
party intellectual property right; access, search, or otherwise use any portion of the Service
through the use of any engine, software, tool, agent, device, or mechanism (including spiders,
robots, crawlers, and data mining tools) other than the software or search agents provided by
Hope Tech University; interfere with security-related features of the Service, including by:
(a) disabling or circumventing features that prevent or limit use, printing or copying of any
content; or (b) reverse engineering or otherwise attempting to discover the source code of any
portion of the Service except to the extent that the activity is expressly permitted by
applicable law; interfere with the operation of the Service or any user’s enjoyment of the
Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware,
worm, or other malicious code; (b) making any unsolicited offer or advertisement to another
user of the Service; (c) collecting personal information about another user or third party
without consent; or (d) interfering with or disrupting any network, equipment, or server
connected to or used to provide the Service; perform any fraudulent activity including
impersonating any person or entity, claiming a false affiliation or identity, accessing any
other Account without permission, or falsifying your age or date of birth; sell or otherwise
transfer the access granted under these Terms or any Materials (as defined in Section 7
(Ownership; Proprietary Rights) or any right or ability to view, access, or use any Materials;
or attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or
permit any person in engaging in any of the acts described in this Section 11 (Prohibited
Conduct).
12.
Intellectual Property Rights Protection.
12.1
Respect of Third-Party Rights. Hope Tech University respects the intellectual property rights
of others, takes the protection of intellectual property rights very seriously, and asks users of
the Service to do the same. Infringing activity will not be tolerated on or through the Service.
12.2
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright
Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an
intellectual property rights-related complaint about any material on the Service, you may
contact our Designated Agent at the following address:
Hope Tech University
Attn: Office of the President
Cooper Farm Community
Rehab, Paynesville, Liberia
Email: info@hopetecc.com
12.3
Procedure for Reporting Claimed Infringement. If you believe that any content made
available on or through the Service has been used or exploited in a manner that infringes an
intellectual property right you own or control, then please promptly send a written
“Notification of Claimed Infringement” to the Designated Agent identified above containing
the following information: an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other right being infringed; a description of the
copyrighted work or other intellectual property right that you claim has been infringed; a
description of the material that you claim is infringing and where it is located on the Service;
your mailing address, telephone number, and email address; a statement by you that you have
a good faith belief that the use of the materials on the Service of which you are complaining
is not authorized by the copyright or other intellectual property right owner, its agent, or the
law; and a statement by you that the above information in your notice is accurate and that,
under penalty of perjury, you are the copyright or other intellectual property right owner or
authorized to act on the copyright or intellectual property owner’s behalf. Your Notification
of Claimed Infringement may be shared by Hope Tech University with the user alleged to
have infringed a right you own or control as well as with the operators of publicly available
databases that track notifications of claimed infringement, and you consent to Hope Tech
University making such disclosures. You should consult with your own lawyer or see the
Liberia copyright or intellectual property ownership right laws to confirm your obligations to
provide a valid notice of claimed infringement.
12.4
Repeat Infringers. Hope Tech University’s policy is to: (a) remove or disable access to
material that Hope Tech University believes in good faith, upon notice from an intellectual
property rights owner or authorized agent, is infringing the intellectual property rights of a
third party by being made available through the Service; and (b) in appropriate
circumstances, to terminate the Account of and block access to the Service by any user who
repeatedly or egregiously infringes other people’s copyright or other intellectual property
rights. Hope Tech University will terminate the Account of any user that is determined by
Hope Tech University to be repeat infringers. Hope Tech University reserves the right,
however, to suspend or terminate Accounts of users in our sole discretion.
12.5
Counter Notification. If you receive a notification from Hope Tech University that material
made available by you on or through the Service has been the subject of a Notification of
Claimed Infringement, then you will have the right to provide Hope Tech University with
what is called a “Counter Notification.” To be effective, a Counter Notification must be in
writing, provided to Hope Tech University’s Designated Agent through one of the methods
identified in Section 12.2 (DMCA Notification), and include substantially the following
information: your physical or electronic signature; identification of the material that has been
removed or to which access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled; 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 your name, mailing
address, and telephone number, and a statement that you consent to the law of the Republic of
Liberia, or if you are residing outside of the Liberia, then for any county judicial district in
which Hope Tech University may be found, and that you will accept service of process from
the person who provided notification under Section 12.2 (DMCA Notification) above or an
agent of that person. A party submitting a Counter Notification should consult a lawyer or see
copyright or other intellectual property rights to confirm the party’s obligations to provide a
valid counter notification under the Copyright Act.
12.6
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification
to Hope Tech University in response to a Notification of Claimed Infringement, then Hope
Tech University will promptly provide the person who provided the Notification of Claimed
Infringement with a copy of your Counter Notification and inform that person that Hope Tech
University will replace the removed User Content or cease disabling access to it in 10
working days, and Hope Tech University will replace the removed User Content and cease
disabling access to it not less than 10, nor more than 14, working days following receipt of
the Counter Notification, unless Hope Tech University’s Designated Agent receives notice
from the party that submitted the Notification of Claimed Infringement that such person has
filed an action seeking a court order to restrain the user from engaging in infringing activity
relating to the material on Hope Tech University’s system or network.
13.
Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for
changes. Revisions will be effective immediately except that, for existing users, material
revisions will be effective 30 days after posting or notice to you of the revisions unless
otherwise stated. We may require that you accept modified Terms in order to continue to use
the Service. If you do not agree to the modified Terms, then you should request deletion of
your Account and related personal information by clicking the button labeled “Delete my
account” in your Account settings and discontinue your use of the Service. Please read
the Privacy Policy carefully for more information about Account deletion. Except as expressly
permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a
written agreement signed by authorized representatives of the parties to these Terms.
14.
Term, Termination, and Modification of the Service.
14.1
Term. These Terms are effective beginning when you accept the Terms or first register,
access, or use the Service, and ending when terminated as described in Section 14.2
(Termination).
14.2
Termination. If you violate any provision of these Terms, then your authorization to access
the Service and these Terms automatically terminate. In addition, Hope Tech University may,
at its sole discretion, terminate these Terms and/or your Account, or suspend or terminate
your access to the Service, at any time for any reason or no reason, with or without notice,
and without any liability to you arising from such termination. You may terminate your
Account and these Terms at any time by requesting deletion of your Account by clicking the
button labeled “Delete my account” in your Account settings and discontinuing your use of
the Service. Please read the Privacy Policy carefully for more information about Account
deletion. For more info, visit the Hope Tech University Help Center or contact us at
info@hopetecc.com
14.3
Effect of Termination. Upon termination of these Terms: (a) your license and all
corresponding rights will terminate and you must immediately cease all use of the Service;
(b) you will no longer be authorized to access your Account or the Service; (c) you must pay
Hope Tech University any unpaid amount that was due prior to termination; and (d) all
payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership;
Proprietary Rights), 9 (User Content), 14.3 (Effect of Termination), 15 (Indemnity), 16
(Disclaimers; No Warranties by Hope Tech University), 17 (Limitation of Liability), 18
(Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely
responsible for retaining copies of any User Content you Post to the Service because you may
lose access rights to any User Content you posted to the Service upon termination of your
Account. If your Account has been terminated for a breach of these Terms, then you are
prohibited from creating a new Account using a different name, email address or other forms
of Account verification.
14.4
Modification of the Service. Hope Technology Incorporated and the Hope Tech University
Participants (as defined below) reserve the right to modify or discontinue all or any portion of
the Service at any time (including by limiting or discontinuing certain features of the
Service), temporarily or permanently, without notice to you. Hope Tech University will have
no liability for any change to the Service, including any paid-for functionalities of the
Service, or any suspension or termination of your access to or use of the Service. You should
retain copies of any User Content you Post to the Service so that you have permanent copies
in the event the Service is modified in such a way that you lose access to User Content you
posted to the Service. “Hope Tech University Participants” means the colleges, universities,
and other institutions providing Offerings or other products or services through the Service,
including the course instructors, and their staff.
15.
Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and
you will defend and indemnify Hope Tech University, its affiliates, the Hope Tech University
Participants and their respective shareholders, directors, managers, members, officers,
employees, consultants, and agents (together, the “Hope Tech University Entities”) from and
against every claim brought by a third party, and any related liability, damage, loss, and
expense, including attorneys’ fees and costs, arising out of or connected with: (a) your
unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these
Terms, any representation, warranty, or agreement referenced in these Terms, or any
applicable law or regulation; (c) your violation of any third-party right, including any
intellectual property right or publicity, confidentiality, other property, or privacy right; or (d)
any dispute or issue between you and any third party. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification obligations with respect to
that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties by Hope Tech University.
16.1
The Service And All Materials And Content Available Through The Service Are Provided
“As Is” And On An “As Available” Basis. Hope Tech University, Hope Technology Inc, The
Hope Tech University Participants, And The Other Entities Providing Offerings Viewable On
The Hope Tech University Site But Not Offered Through The Service (The “Other
Providers”) Disclaim All Warranties Of Any Kind, Whether Express Or Implied, Relating To
The Service And All Materials And Content Available Through The Service, Including: (A)
Any Implied Warranty Of Merchantability, Fitness For A Particular Purpose, Title, Quiet
Enjoyment, Or Non-Infringement; And (B) Any Warranty Arising Out Of Course Of
Dealing, Usage, Or Trade. Hope Tech University, Hope Technology Inc, The Hope Tech
University Participants, And The Other Providers Do Not Warrant That The Service Or Any
Portion Of The Service, Or Any Materials Or Content Offered Through The Service, Will Be
Uninterrupted, Secure, Or Free Of Errors, Viruses, Or Other Harmful Components, And
Hope Tech University, Hope Technology Inc, The Hope Tech University Participants, And
The Other Providers Do Not Warrant That Any Of Those Issues Will Be Corrected. Course
Content May Change And Courses May Not Remain Available.
16.2 No Other Enrollment.
Except as described in Section 4 (Degree Offerings) above, nothing in these Terms or
otherwise with respect to your participation in any Offering from a Member through the
Service results in you being: (a) an applicant for admission to, or enrolled in, any degree or
other credit- or credential-bearing program of such Member; and (b) entitled to use any of the
resources of such Member beyond the Offerings provided via the Service or eligible to
receive student privileges or benefits provided to students enrolled in degree or other creditor credential-bearing programs of the Member.
16.3
No Advice Or Information, Whether Oral Or Written, Obtained By You From The Service,
Hope Tech University Entities, Or Other Providers Or Any Materials Or Content Available
Through The Service Will Create Any Warranty Regarding Any Of The Hope Tech
University Entities, Other Providers, Or The Service That Is Not Expressly Stated In These
Terms. We Are Not Responsible For Any Damage That May Result From The Service And
Your Dealing With Any Other Service User. You Understand And Agree That You Use The
Service (And Any Portion(S) Thereof) At Your Own Discretion And Risk, And That We Are
Not Responsible For Any Damage To Your Property (Including Your Computer System Or
Mobile Device Used In Connection With The Service) Or Any Loss Of Data, Including User
Content.
16.4
The Limitations, Exclusions And Disclaimers In This Section 16 (Disclaimers; No
Warranties By Hope Tech University) Apply To The Fullest Extent Permitted By Law. Hope
Tech University does not disclaim any warranty or other right that Hope Tech University is
prohibited from disclaiming under applicable law.
17.
Limitation of Liability.
17.1
To The Fullest Extent Permitted By Law, In No Event Will The Hope Tech University
Entities Or Other Providers Be Liable To You For Any Indirect, Incidental, Special,
Consequential Or Punitive Damages (Including Damages For Loss Of Profits, Goodwill, Or
Any Other Intangible Loss) Arising Out Of Or Relating To Your Access To Or Use Of, Or
Your Inability To Access Or Use, The Service Or Any Materials Or Content On The Service,
Whether Based On Warranty, Contract, Tort (Including Negligence), Statute, Or Any Other
Legal Theory, And Whether Or Not Any Hope Tech University Entity Or Any Other
Provider Has Been Informed Of The Possibility Of Damage.
17.2
Except As Provided In Sections 18.5 (Commencing Arbitration) And 18.7 (Arbitration
Relief) And To The Fullest Extent Permitted By Law, The Aggregate Liability Of The Hope
Tech University Entities And The Other Providers To You For All Claims Arising Out Of Or
Relating To The Use Of Or Any Inability To Use Any Portion Of The Service Or Otherwise
Under These Terms, Whether In Contract, Tort, Or Otherwise, Is Limited To The Greater Of:
(A) The Amount You Have Paid To Hope Tech University For Access To And Use Of The
Service In The 12 Months Prior To The Event Or Circumstance Giving Rise To The Claim.
17.3
Each Provision Of These Terms That Provides For A Limitation Of Liability, Disclaimer Of
Warranties, Or Exclusion Of Damages Is Intended To And Does Allocate The Risks Between
The Parties Under These Terms. This Allocation Is An Essential Element Of The Basis Of
The Bargain Between The Parties. Each Of These Provisions Is Severable And Independent
Of All Other Provisions Of These Terms. The Limitations In This Section 17 (Limitation Of
Liability) Will Apply Even If Any Limited Remedy Fails Of Its Essential Purpose.
18.
Dispute Resolution and Arbitration.
18.1
Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and
Hope Tech University agree that every dispute arising in connection with these Terms, the
Service, or communications from us will be resolved through binding arbitration. Arbitration
uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may
allow for more limited discovery than in court, and is subject to very limited review by
courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim
arises during or after the termination of these Terms. Any dispute relating to the
interpretation, applicability, or enforceability of this binding arbitration agreement will be
resolved by the arbitrator.
You Understand And Agree That, By Entering Into These Terms, You And Hope Tech
University Are Each Waiving The Right To A Trial By Jury Or To Participate In A Class
Action.
18.2
Exceptions – Although we are agreeing to arbitrate most disputes between you and us,
nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of
either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement
action through the applicable federal, state, or local agency if that action is available; (c) seek
injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to
address an intellectual property infringement claim.
18.3
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the
provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the
date that you agree to these Terms by sending a letter to Hope Tech University, Attention:
Office of the President – Arbitration Opt-Out, Cooper Farm Community, Rehab, Paynesville,
Republic Of Liberia: your full legal name, the email address associated with your Account on
the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once
Hope Tech University receives your Opt-Out Notice, this Section 18 (Dispute Resolution and
Arbitration) will be void and any action arising out of these Terms will be resolved as set
forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be
affected by your Opt-Out Notice.
18.4
Arbitrator. This arbitration agreement, and any arbitration between you and us, is subject to
the Arbitration Act of Liberia and will be administered by the Liberian Law under its legal
court as modified by these Terms. You can contact the Liberian Arbitration court or by
contacting Hope Tech University.
18.5
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of
your residence unless we agree otherwise or, if the claim is for US $10,000 or less (and does
not seek injunctive relief), you may choose whether the arbitration will be conducted: (a)
solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video
hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or
parish) of your residence. During the arbitration, the amount of any settlement offer made by
you or Hope Tech University must not be disclosed to the arbitrator until after the arbitrator
makes a final decision and award, if any. Regardless of the manner in which the arbitration is
conducted, the arbitrator must issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are based.
18.6
Arbitration Relief – Except as provided in Section 18.8 (No Class Actions), the arbitrator can
award any relief that would be available if the claims had been brought in a court of
competent jurisdiction. If the arbitrator awards you an amount higher than the last written
settlement amount offered by Hope Tech University before an arbitrator was selected, Hope
Tech University will pay to you the higher of: (a) the amount awarded by the arbitrator and
(b) US $10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for
judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award
of injunctive relief against a party, in which case that party shall have the right to seek
judicial review of the injunctive relief in a court of competent jurisdiction that shall not be
bound by the arbitrator’s application or conclusions of law. Judgment on the award may be
entered in any court having jurisdiction.
18.7
No class actions. You and hope Tech University agree that each may bring claims against the
other only in your or its individual capacity and not as a plaintiff or class member in any
purported class or representative proceeding. Further, unless both you and Hope Tech
University agree otherwise, the arbitrator may not consolidate more than one person’s claims
and may not otherwise preside over any form of a representative or class proceeding.
18.8
Modification to this Arbitration Provision. If Hope Tech University makes any substantive
change to this arbitration provision, you may reject the change by sending us written notice
within 30 days of the change to Hope Tech University’s address for Notice of Arbitration, in
which case your Account will be immediately terminated and this arbitration provision, as in
effect immediately prior to the changes you rejected, will survive.
18.9
Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute
Resolution and Arbitration) is found to be unenforceable, or if Hope Tech University receives
an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and
Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue
described in Section 19.2 (Governing Law) will govern any action arising out of or related to
these Terms.
18.10
Consumer Protection. You may have rights under applicable consumer protection laws that
cannot be excluded, restricted, or modified by these Terms. Nothing in these Terms is
intended to supersede your statutory rights as a consumer.
19.
Miscellaneous.
19.1
General Terms. These Terms, including the Privacy Policy and Honor Code (as defined
below) and any other agreements expressly incorporated by reference into these Terms, are
the entire and exclusive understanding and agreement between you and Hope Tech
University regarding your use of the Service. You may not assign or transfer these Terms or
your rights under these Terms, in whole or in part, by operation of law or otherwise, without
our prior written consent. We may assign these Terms and all rights granted under these
Terms, including with respect to your User Content, at any time without notice or consent.
The failure to require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any breach or default of
these Terms, or any provision of these Terms, be a waiver of any subsequent breach or
default or a waiver of the provision itself. Use of Section headers in these Terms is for
convenience only and will not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means “including but not limited
to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable
part will be given effect to the greatest extent possible, and the remaining parts will remain in
full force and effect.
19.2
Governing Law. These Terms are governed by the laws of the Republic of Liberia without
regard to conflict of law principles. You and Hope Tech University submit to the personal
and exclusive jurisdiction of the state courts and federal courts located within Liberia for
resolution of any lawsuit or court proceeding permitted under these Terms. We operate the
Service from our offices in Paynesville, and we make no representation that Materials
included in the Service are appropriate or available for use in other locations.
19.3
Privacy Policy. Please read the Privacy Policy carefully for information relating to our
collection, use, storage, and disclosure of your personal information. The Privacy Policy will
be reviewed and updated from time to time. When we do make material changes, we will
give notice via the Hope Tech University Site or by otherwise notifying you. The Privacy
Policy is incorporated by this reference into, and made a part of, these Terms.
19.4
Honor Code. Please read the Honor Code (the “Honor Code”) carefully for our policies
regarding academic integrity and academic misconduct. The Honor Code is incorporated by
this reference into, and made a part of, these Terms.
19.5
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or
link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by
this reference into, and made a part of, these Terms.
19.6
Consent to Electronic Communications. By using the Service, you consent to receiving
certain electronic communications from us as further described in Section 10
(Communications) and the Privacy Policy. Please read the Privacy Policy to learn more about
our electronic communications practices. You agree that any notices, agreements, disclosures,
or other communications that we send to you electronically will satisfy any legal
communication requirements, including that those communications be in writing.
19.7
Contact Information. The Service is offered by Hope Tech University, located at Cooper
Farm Community, Rehab, Paynesville City, Liberia. You may contact us by sending
correspondence to that address or by emailing us at info@hopetecc.com.
19.8
No Support. We are under no obligation to provide support for the Service. In instances
where we may offer support, the support will be subject to published policies.
19.10
International Use. Access to the Service from countries or territories or by individuals where
such access is illegal is prohibited.
19.11
Sanctions. You hereby represent and warrant that you are not: (a) currently the subject or
target of any U.S. sanctions or included on any government’s sanctions list(s); or (b)
prohibited from accessing or paying for the Service due to U.S. sanctions laws or regulations
applicable to your location or country of residence.
20.
Notice Regarding Apple.
This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile
application on an iOS device. You acknowledge that these Terms are between you and Hope
Tech University only, not with Apple Inc. (“Apple”), and Apple is not responsible for the
Service or the content of it. Apple has no obligation to furnish any maintenance and support
services with respect to the Service. If the Service fails to conform to any applicable
warranty, you may notify Apple, and Apple will refund any applicable purchase price for the
mobile application to you. To the maximum extent permitted by applicable law, Apple has no
other warranty obligation with respect to the Service. Apple is not responsible for addressing
any claims by you or any third party relating to the Service or your possession and/or use of
the Service, including: (a) product liability claims; (b) any claim that the Service fails to
conform to any applicable legal or regulatory requirement; or (c) claims arising under
consumer protection or similar legislation. Apple is not responsible for the investigation,
defense, settlement, and discharge of any third-party claim that the Service and/or your
possession and use of the Service infringe a third party’s intellectual property rights. You
agree to comply with any applicable third-party terms when using the Service. Apple and
Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance
of these Terms, Apple will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary of these Terms.