These terms of service (“Terms of Service”) describe the terms and conditions applicable to your use of any and all websites, electronic platforms, mobile applications, and trainings (collectively, the “Online Services”) operated by National Education Seminars, Inc. dba Hondros College of Nursing, and American Public Education, Inc. (“Hondros” “we,” “our,” or “us”) that include a link to these Terms of Service. If there is a link to these Terms of Service on any online service you are visiting, these Terms of Service apply. We may also offer other online services to which separate terms of use and terms of service apply. Please refer to those terms associated with the online service you are using for the governing terms of use and terms of service.
Your access to and use of the Online Services is subject to all applicable laws and regulations and to these Terms of Service. By accessing, browsing, commenting, or purchasing services or goods on the Online Services, you agree to be bound, without limitation or qualification, to these Terms of Service, which form a legally binding contract. If you do not agree to these Terms of Service, you may not use the Online Services.
Note: If you are a student, contractor, staff or faculty member of Hondros, your use of the Online Services is also subject to other Hondros policies, which may include faculty, student, or employee handbooks or codes of conduct or other applicable Hondros policies.
Modifications
You should review these Terms of Service regularly as they may change. We reserve the right to update the Terms of Service from time to time by posting a new Terms of Service in the Online Services (e.g., posting on the website or in the settings tab of our mobile applications) and the “date of last revision” at the top of this page will be revised. You should consult the Terms of Service regularly for any changes, and your continued use of the Online Services after such changes have been posted constitutes acceptance of those changes. In addition, for material changes to these Terms of Service, as determined in our sole discretion, we will include a notice on the Online Services that directs users to a copy of the latest Terms of Service for review and/or send a communication to users notifying them of changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Online Services.
Privacy Policy
The Hondros Privacy Policy (“Privacy Policy”) is a part of these Terms of Service and is incorporated herein by this reference. By accepting these Terms of Service you agree to the collection and use of your information by the Online Services as described in the Privacy Policy.
Scope of Use
The Online Services provide users with access to certain content and services we make available, including information about our course offerings, interactive features, education and training opportunities, business, news, and other related topics that may be customized based on the user’s expressed interests, likes and dislikes.
In order to use the Online Services, you understand and consent to Hondros’ use of your personal information as may be needed to create an account on your behalf with our service providers.
Subject to these Terms of Service, we invite you to view, use and where appropriate, comment on the content available through the Online Services, but in each case solely for your personal, informational, educational and non-commercial purposes. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display, distribute, sell, or lease any text, graphics, images, videos or other content available through the Online Services, or the design and layout of the Online Services (including its “look and feel”), without our prior written consent.
By accessing the Online Services, you agree to abide by all security and safety measures established by Hondros, its partners, and/or service providers.
Software in the Online Services
To the extent that Hondros provides you with mobile applications or other software as part of the Online Services, we grant you a limited, personal, non-transferable, non-exclusive license to use the software for your educational and non-commercial purposes, but solely to the extent necessary for you to use and enjoy the benefit of the Online Services in the manner permitted by these Terms of Service. You may not reproduce, modify, display, distribute, sell, or lease any software included as part of the Online Services. All right, title and interest in such software not expressly granted to you in this paragraph are reserved by Hondros and its licensors. However, to the extent we license one of our mobile applications or other software applications to you pursuant to a separate end user license agreement, the terms of that end user license agreement shall govern over any inconsistent provisions in this paragraph. Some software used in the Online Services may be offered under an open source license, and in such case, there may be provisions in the open source license that expressly override some of the terms of this paragraph.
Information, News, and Press Releases
The Online Services may contain information, news, and/or press releases about us or others, including cross-references to others’ products or services. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Moreover, any opinions, advice, statements, comments, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of Hondros. Any description or reference to non-Hondros products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by Hondros.
Third-Party Sites and Linking
As a convenience to users, the Online Services may contain links to websites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of Hondros, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, non-Hondros terms of use, terms of service, and privacy policies. We are not responsible for, do not endorse, and hereby disclaim any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, or that we are affiliated with the Third-Party Site.
Unless otherwise set forth in a written agreement between you and Hondros, you must adhere to Hondros’ linking policy as follows: (a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Hondros’ name or any Hondros trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is endorsed or sponsored by, affiliated with, or associated with Hondros, and (c) when selected by a user, the link must display the Online Services on full-screen and not within a “frame” on the linking site.
Rules of Conduct
Certain portions of the Online Services may permit you to upload, post, email, or otherwise transmit content (collectively, “User Content”). For public forums, such as newsfeeds, blogs, message boards, social media pages, or similar tools (collectively, “Interactive Features” to distinguish from other non-interactive portions of the Online Services), User Content may be viewable publicly or to others who visit or participate in the Online Services. Some users may submit content that contains personally identifiable information. Please review our Privacy Policy at https://www.hondros.edu/about/privacy-policy/ before providing any personally identifiable information.
It is a violation of these Terms of Service for you to:
(a) use the Online Services or Interactive Features for illegal purposes, in violation of any applicable laws or regulations;
(b) reproduce, modify, display, distribute, sell, lease, or exploit for commercial purposes any portion of the Online Services or Interactive Features;
(c) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Online Service, Interactive Feature, or any other Hondros content or user information, except as expressly permitted by Hondros;
(d) manipulate identifiers, use another’s identification or password without authorization, or otherwise engage in any activities to impersonate or hide a user’s identity or contact information;
(e) transmit or distribute viruses or other malicious code;
(f) collect user names and contact information and/or send unsolicited commercial communications (spam);
(g) take any action that imposes an unreasonable or disproportionally large load on the Online Services’ infrastructure or interferes with the proper working of the Online Services;
(h) post content or take any action using the Online Services that infringes or violates someone else’s rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law, including without limitation selling, purchasing, or otherwise disseminating, without the individual’s prior written consent, an individual’s content, such as syllabi, exams, and other course or training materials, to any website for commercial purposes;
(i) attempt to decompile, decipher or reverse engineer any of the software used by Hondros as part of the Online Services;
(j) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by Hondros;
(k) post any classified or sensitive information, which means that users, to the extent applicable, must also adhere to Operational Security (OPSEC) processes when posting about units, organizations, and/or operations;
(l) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of the Online Services, including you, is responsible for the User Content that the user transmits to the Interactive Features, and the consequences of its use or submission.
You acknowledge that we do not necessarily pre-screen User Content and shall not be responsible for policing, monitoring, or editing such User Content. We shall have the right, but not the obligation, to monitor User Content and use of the Online Services to improve performance, for legal and regulatory reasons, and to determine compliance with these Terms of Service and other applicable policies. Hondros shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Service or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
Violations; Termination and Suspension of Usage
We may terminate or suspend your access to all or part of the Online Services immediately and without notice for any conduct that Hondros, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Hondros or any third party. Upon termination or suspension, you must cease use of the Online Services and all related content. Hondros reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to Online Services from a particular Internet address.
Consent to Electronic Communications
Hondros is committed to protecting your privacy; you can access our Privacy Policy at: https://www.hondros.edu/about/privacy-policy/.
Administrative Communications. By providing your mobile number and clicking “Submit and Continue” you are giving us permission and your consent to communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Online Services. You are at all relevant times responsible for providing us with lawful, current and accurate contact information for you including by way of example not limitation wireless numbers, email addresses, social media in-messaging contact information, and so forth. You warrant that you have the authority to provide us with any contact information of any sort you register via Hondros’ Online Services.
Consent. You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to remove yourself from our email list for such marketing-related emails, please use the unsubscribe link in any commerical email received from us.
SMS Messaging. By providing your mobile number and clicking “Submit and Continue”, you agree that Hondros may send you text (SMS) messages in connection with your use of the Online Services. By providing us with specific wireless numbers you are representing and warranting that you own such numbers, and you are legally authorized to provide us with your consent to send you text (SMS) messages to such number using an automated telephone dialing system (ATDS) at those numbers you have provided, and you are over the age of 13.
You agree to update Hondros immediately should your contact information change. You further indemnify and hold Hondros harmless of and from any use of such numbers if at any time you no longer have access to such wireless numbers and fail to update your contact information. You may opt out of receiving text (SMS) messages at any time by responding “STOP” or emailing [email protected] to advise that you no longer wish to receive text (SMS) messages. Opting out of receiving text (SMS) messages may impact and limit your use of the Online Services. If you need assistance with opting out, please reply “Help”. For more information, contact us at [email protected].
Please be aware that your cellular carrier may charge fees in connection with your use of the Online Services. You are responsible for any mobile charges that you may incur in connection with using the Online Services, including data charges. If you are not sure what those charges may be, you should ask your carrier before using the Online Services. Hondros is not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan. In the event you change your contact information and fail to notify Hondros in advance of any such changes you hereby agree to be responsible for all fees, charges, losses, costs, litigation, attorneys’ fees, fines and penalties Hondros or its affiliates may experience as a result of inadvertently attempting to communicate with you at a reassigned number.
Alerts. Hondros may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes to your account or information. Voluntary account alerts may be turned on by default as part of your use of the Online Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. Hondros may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. You understand and agree that any alerts provided to you through the Online Services may be delayed or prevented by a variety of factors. Hondros may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Hondros will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Electronic alerts will be sent to the email address or mobile number you have provided for the Online Services. If your email address or your mobile number changes, you are responsible for informing us of that change and for indemnifying us as noted above should Hondros send a notification or alert to an outdated or reassigned address or mobile number you have not updated. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
License
By transmitting User Content on or through the Online Services and subject to any other applicable policies, you grant Hondros a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content in connection with the Online Services and Hondros’ business, and you waive any and all moral rights and publicity rights in such User Content. You agree that this license includes the right for other users of the Online Services to access and use your User Content, subject to our terms and conditions regarding such use, and the right for Hondros to allow its third party business partners to use your User Content.
Proprietary Rights
All trademarks, service marks and logos on the Online Services are the property of their respective owners. Unauthorized use of any Hondros (or of any third-party) trademark, service mark, or logo may violate Hondros’ or a third party’s legal rights. You must obtain our written permission prior to using any trademark, service mark, or logo of Hondros.
Hondros and its licensors own all intellectual property rights in the Online Services, including designs, text, graphics, pictures, information, content, software, and other files, and their selection and arrangement (collectively, the “Materials”), except for certain third-party content on the Online Services and as otherwise expressly indicated. The Online Services and Materials therein are protected by United States and international copyright and other intellectual property laws. Any unauthorized use of the Online Services or the Materials therein may violate these and other laws. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
Digital Millennium Copyright Act (DMCA) Policy
We respect the intellectual property rights of others. If you believe that any User Content or other content available through the Online Services infringes your copyright, pursuant to Section 512(c)(3) of the DMCA, please provide us with the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) an identification of copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material ; (4) ) information sufficient to permit us to contact the complaining party, including your address, telephone number, and email address; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner , its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (collectively, a “Notice of Copyright Infringement”).
Our designated copyright agent for notice of alleged copyright infringement appearing on the Online Services is:
Thomas Beckett Senior Vice President & General Counsel American Public Education, Inc. 111 West Congress Street Charles Town, WV 25414
Telephone: 304-885-5388 Email: [email protected]
Upon receipt of a Notice of Copyright Infringement containing the required information as described in (1) through (6) above, we reserve the right to (i) notify the user, if known, of the alleged infringement, and (ii) remove or disable access to the material that is alleged to be infringing if hosted on one of our Online Services. No personal user information is shared with the copyright owner unless required by law.
If we receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” Hondros reserves the right to terminate the accounts of “repeat copyright infringers.”
DMCA Counter-Claim Procedure
If we remove or disable access to your material and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated copyright agent. You must provide us with the following information: (1) a physical or electronic signature of the user; (2) 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; (3) a statement under penalty of perjury that the user has 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; (4) the user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, we will provide the complaining party with a copy of the DMCA Counter-Claim. When we receive a Counter-Claim that meets the requirements of the DMCA, we will process the Counter-Claim in accordance with the requirements of the DMCA.
Feedback
We welcome and encourage any suggestions, ideas, comments or other feedback you provide us regarding the Online Services (“Feedback”). You acknowledge that any Feedback shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback in any of Hondros’ products and services. You hereby assign to Hondros all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
Registration-Related Account Security
Some Online Services, in whole or in part, may be accessible only through a registration process or with specific credentials. For such access-restricted portions of the Online Services, it is a violation of these Terms of Service for you to: (a) create more than one personal profile, (b) create another account without our permission if we disable your account; (c) share your login credentials, (d) let anyone else access your account, or (e) do anything else that might jeopardize the security of your account. You are solely responsible for any unauthorized use of your login credentials.
No Warranties
THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. HONDROS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ONLINE SERVICES OR MATERIALS AVAILABLE ON OR THROUGH THE ONLINE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONDROS SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. HONDROS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
Indemnification
You agree to indemnify and hold Hondros and its parent, affiliates, officers, directors, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Online Services, your User Content, your violation of the Terms of Service, or your violation of any law or rights of a third party. Hondros reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Hondros in asserting any available defenses.
Limitation of Liability
YOUR USE OF THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) IS AT YOUR SOLE RISK. HONDROS SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE ONLINE SERVICES AND THE MATERIALS, EVEN IF HONDROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HONDROS’ AGGREGATE LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Hondros’ liability will be limited to the fullest extent permitted by applicable law.
Disclosures
We may preserve and disclose User Content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hondros, users of Online Services, or the public.
Payments and Default
You understand that when you receive any Online Service from Hondros that you accept full responsibility to pay all fees and other associated costs assessed as a result of your receipt of such services. You acknowledge that you have read the terms and conditions of all applicable refund policies, and understand those terms are incorporated herein by reference. You further understand that your failure to access and use any Online Service does not absolve you of your financial responsibility as described herein. You are responsible for all amounts due to Hondros (including for fees and other costs charged by Hondros). All amounts are due to Hondros in advance of your access to any Online Service and are not eligible for refund, subject to the aforementioned refund policy available. Administrative, clerical or technical billing errors do not absolve you of your financial responsibility to pay the correct amount of fees and other associated financial obligations assessed as a result of your access to any Online Service. If a payment made by you is returned by a financial institution or other third party for any reason, you are required to repay the original amount of the payment plus a returned payment fee up to the maximum allowed by applicable law. Multiple returned payments and/or failure to comply with the terms of any payment plan or agreement between you and Hondros may result in cancellation of your access to any Online Service. Hondros may, at its option without any notice to you, declare your account(s) in default if (1) you fail to make a scheduled payment when due; (2) you fail to meet any obligation related to your account(s) or Hondros; (3) you make any untrue written statement to Hondros regarding your relationship with Hondros; (4) your payment made by credit card or other electronic means is charged back, your check is rejected due to insufficient funds, or funds from a third party are not received or are required to be returned by Hondros after receipt of funds; and/or (5) you breach any term or condition of these Terms of Service or any other agreement with Hondros. Hondros may accelerate any defaulted account(s), and may declare them to be immediately due and payable and may take such steps as necessary to collect amounts due. If you default you will be responsible for the payment of any and all costs, expenses, reasonable attorney’s fees, and/or collection fees up to 15% of your outstanding debt to Hondros. Said amounts shall be due whether or not litigation or arbitration is brought to recover the account(s).
Governing Law; Venue; Jurisdiction
The laws of the State of Ohio, USA shall govern these Terms of Service, without giving effect to any choice of law or conflict of law provisions or principles (whether of the State of Ohio or any other jurisdiction) that would cause the application of any laws of any jurisdiction other than the State of Ohio. If there is any dispute about or involving the Online Services, you agree that the dispute will be resolved in a court located in the State of Ohio, USA. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in the State of Ohio, USA, as applicable, and agree that such courts shall be the exclusive forum for resolving any and all disputes regarding the Online Services.
Compliance with Laws
Information available through the Online Services is not intended for distribution to, or use by, any person or entity in any foreign jurisdiction or country where such distribution or use would be contrary to law or regulation. Hondros makes no representation that the information available through the Online Services is appropriate or available for use in other non-U.S. locations, and access to the Online Services from any such locations where the content of the Online Services offered herein may be illegal is prohibited. Those who choose to access the Online Services from other non-U.S. locations do so on their own initiative and risk and are responsible for compliance with all applicable laws.
Miscellaneous
These Terms of Service, as modified from time to time by Hondros in writing and including any applicable student, employee or faculty handbooks, enrollment agreements, codes of conduct, and other policies, as well as any policies that are incorporated by reference herein, set forth the entire understanding and agreement between you and Hondros with respect to the subject matter hereof. Hondros’ failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 Terms of Service will remain in full force and effect. These Terms of Service are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Service will be in the English language.
If you have any questions about the Online Services or these Terms of Service, please email us at [email protected].