Welcome to ARCUS. Please read these Terms & Conditions (“T&C”) prior to using any portion of the ARCUS website (the “Site,” which consists of all content and pages located within the ARCUS web domain), including accessing any course materialor other services. These T&C are agreements (the “Agreements”) between you and ARCUS. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you registered for courses. If you do not understand or do not wish to be bound by the terms of the Agreements, you should exit the Site.
ARCUS reserves the right to modify these T&C at any time without notice. Any changes to these T&C will be effective immediately upon posting, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified T&C. Be sure to return to this page periodically to ensure familiarity with the most current version of these T&C.
Rules for Online Conduct
You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, notes, questions, comments, videos, and file uploads. You agree that you will use the Site in compliance with these T&C and all applicable local, state, national, and international laws, rules, and regulations, including copyright laws.
As a condition of your use of the ARCUS services, you will not use the Site in any manner intended to damage, disable, overburden, or impair any ARCUS server or the network(s) connected to any ARCUS server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to any ARCUS server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers, or associated computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses, or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent, or unlawful content;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
User Accounts and Authority
To participate fully in Site activities, you must provide your name, an e-mail address, and a user password in order to create a user account (“User Account”). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
Your Right to Use Content on the Site
Unless indicated as being in the public domain, the content on the Site is protected by United States copyright laws. Unless otherwise expressly stated on the Site, the texts, videos, images, and other instructional materials provided with the courses offered on this Site are for your personal use only,in connection with those courses only.
Certain information on the Site isproduced by third parties, accessed via external links. ARCUS does not claim ownership of such third-party content or information. Use of third-party content or information may be subject to certain rules and conditions, which will be indicated by the third-party sites. By using this Site, you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.
User Postings Representations and Warranties: By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize ARCUS and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not ARCUS, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to ARCUS: By submitting or distributing your User Postings, you hereby grant to ARCUS a worldwide, non-exclusive, transferable, assignable, sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (whether now known or hereafter developed).
License Grant to ARCUS Users: By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.
Certificates and Registration, Etc.
ARCUSmay offer a certificate of completion, badge, or other acknowledgment (a “Certificate”) for students who, in their judgment, have satisfactorily demonstrated mastery of the course material. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of ARCUS.
Registration and Payment: Subject to the foregoing, you may be required to pay a fee to access courses on the Site, in which case, the following processes and requirements shall apply:
As part of your registration, you will be prompted to submit payment information to Stripe, an ARCUS third-party service provider. Because the processing of your payment information is done by an ARCUS third-party vendor, you will be re-routed to a secure external website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third-party vendor will govern the submission and processing of your payment details. Please familiarize yourself with those terms prior to initiating a transaction.
Once your payment transaction is completed, you will be re-routed back to an ARCUS confirmation page and will receive a confirmation e-mail with your name, order number, and the payment amount. Please retain this e-mail for your records as this information will be required if you seek a refund from ARCUS, as described below.
Users who purchase “unlimited” access agree to purchase access for as long as ARCUS is an active learning platform. Should ARCUS cease to exist as such a platform, users will no longer have access to ARCUS courses, and will not receive a refund.
Course Withdrawal and Refunds
You have a period of 7 days after your payment (“Drop Period”), during which you may request a refund by e-mailing ARCUS@culturalheritagepartners.com. Please include your full name and order number in your e-mail request. Refunds will be credited to the credit card used when you registered and may take up to two billing cycles to process. ARCUS has no obligation to issue a refund after the Drop Period, but if you believe a refund is warranted, please e-mail us at ARCUS@culturalheritagepartners.com.
Use of ARCUSTrademarks and Service Marks: The “ARCUS” name and logos are trademarks (“Trademarks”). Likewise, the names, logos, and seals of faculty members are Trademarks owned by the respective faculty member. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by ARCUS or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
You agree to defend, hold harmless and indemnify ARCUS and ARCUS Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.
Termination Rights, Discontinuation of Courses, and Content: You agree that ARCUS, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you.ARCUS and the ARCUS Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule, or alter the format of any course offered through ARCUS, or to cease providing any part or all of the Site content or related services, and you agree that neither ARCUS nor any of the ARCUS Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these T&C will survive any such termination.
Entire Agreement: These T&C constitute the entire agreement between you and ARCUS with respect to your use of the Site, superseding any prior agreements between you and ARCUS regarding your use of the Site.
Waiver and Severability of T&C: The failure of ARCUS to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these T&C shall remain in full force and effect.
Choice of Law/Forum Selection: You agree that these T&C and any claim or dispute arising out of or relating to these T&C or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Richmond, Virginia, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
ARCUS AND ARCUS PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. ARCUS AND THE ARCUS PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “ARCUS PARTICIPANTS” MEANS ARCUS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS, AND THEIR STAFFS.
USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
User Postings Disclaimer: You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither ARCUS nor ARCUS Participants are responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ARCUS or any of the ARCUS Participants with respect thereto. Neither ARCUS nor any of the ARCUS Participants endorse any User Postings or any opinion, recommendation, or advice expressed therein. Neither ARCUS nor any of the ARCUS Participants have any obligation to monitor any User Postings or any other user communications through the Site.
However, ARCUS reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the ARCUS Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these T&C, ARCUS may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Sites: The Site may include hyperlinks to sites maintained or controlled by others. ARCUS and ARCUS 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 at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ARCUS NOR ANY ARCUS PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ARCUS NOR ANY OF THE ARCUS PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT ARCUS OR ANY ARCUS PARTICIPANTS HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.