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Terms of Use

Website Terms of Use

Last Modified: May 27, 2020

1. Acceptance of the Terms of Use.

These terms of use are entered into by and between you and Winston Digital Labs, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any supplemental terms, legal notices, and other communications they incorporate by reference (collectively, “Terms of Use”) govern your access to and use of onlinejddegree.com, including, without limitation, any content, functionality, and services offered on or through onlinejddegree.com (the “Website”).

Please read these Terms of Use carefully before you start to use the Website. If you do not agree to be bound by these Terms of Use and the Privacy Policy, found at https://onlinejddegree.com/legal/privacy-policy, incorporated herein by reference, you must immediately stop accessing and using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Us, including, without limitation, the Privacy Policy.

The Website is offered and available to users who are 18 years of age or older, and are located in the United States or any of its territories or possessions. If you are a resident of or located in the European Union (“EU”) or elsewhere outside of the United States, you must not access or use the Website, or provide any information to the Company or otherwise through the Website. By using the Website, you represent and warrant that (a) you are of legal age to form a binding contract with the Company; and (b) meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use, from time to time, in our sole discretion. All changes are effective immediately when they are posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website, so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable, if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

  • making all arrangements necessary for you to have access to the Website; and
  • ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all of the information you provide on the Website is correct, current, and complete. You agree that all information you provide, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

4. Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, and/or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and/or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.

You shall not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will immediately cease and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a material breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks.

You shall not use the Company name or any of its related names, logos, product and service names, designs, or slogans or those of the Company’s affiliates or licensors without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not use the Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, or to otherwise misrepresent yourself, your age, your qualifications and/or your affiliation with any person or entity.
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose any of them to liability.
  • in any inappropriate manner (as may be determined by the Company in its sole discretion) or in any manner that could damage, disable, overburden, or impair the Website.

In addition, you shall not:

  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including, without limitation, monitoring or copying any of the material on the Website.
  • use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • otherwise attempt to interfere with the proper working of the Website or cause harm to the Website or its users.

7. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We recommend that you independently verify all information, before making any educational or financial decision.

The Website may contain typographical mistakes, inaccuracies, or omissions. We expressly reserve the right to correct any errors, inaccuracies, or omissions at any time and without prior notice. We do not make any representation or warranty concerning any errors, omissions, delays or defects in the Website or any information supplied to you via the Website.

The Website may include content provided by third parties, including, without limitation, materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Changes to the Website.

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9. Information About You and Your Visits to the Website; Communication.

All information we collect on the Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

By providing your email address, phone number, or other means of contact through the Website, you agree that the Company, its affiliates, and/or partners may communicate with you electronically. You agree to receive communications from or on behalf of the Company, its affiliates, and/or partners at any email address, phone number, or other means of contact you provide through the Website. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it (as we determine in our sole discretion), but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without our express prior written consent. You shall cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice and may disable all or any links at any time without notice.

The Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Links do not imply that we endorse, sponsor, are associated or affiliated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed on or accessible through such websites. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Geographic Restrictions.

The owner of the Website is based in the State of New York in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You may not access or otherwise use the Website from outside the United States. You are responsible for compliance with all applicable laws. We make no representations, warranties, or claims regarding the compliance of the Website, or any use thereof, with EU or other foreign country privacy or data security laws. We do not desire to process personal data of data subjects outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of data subjects outside of the United States. You and your representatives shall not provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States and you hereby represent and warrant that neither you nor your representatives have done so. For the purpose of this paragraph, an “identifiable person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, “personal data” means any information relating to an identified or identifiable natural person.

12. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, if any, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification.

You shall defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use and/or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Your obligation to defend and indemnify the Company shall survive the termination of your use of the Website.

15. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Arbitration.

Notwithstanding anything to the contrary herein, at the Company’s sole discretion, the Company may require you to submit any disputes arising from these Terms of Use or use of the Website, including, without limitation, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. applying New York law.

17. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

19. Entire Agreement.

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Winston Digital Labs, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Your Comments and Concerns.

Any questions or comments related to the Website should be directed to support@onlinejddegree.com.