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Terms of Use

Last Updated June 09, 2011

Notice

Please read these terms and conditions carefully. By accessing the pages in this website (“the Site”) you agree to be bound by the terms and conditions below. These terms and conditions are subject to change at any time. If you do not agree to the terms and conditions below, do not access the Site. For the purpose of these Terms of Use, “we,” “us,” and “our” refer to Vista College, Computer Career College, a division of Vista College, and its parent company, Education Futures Group (collectively “Vista” hereinafter) and the terms “you” and “your” refers to you as a user of this Site.

Intellectual Property

The contents of the Site including but not limited to all design, layout, text, sound recordings, videos, images, and computer code (including but not limited to client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) is the sole property of Vista, or its respective owners or licensors, and is protected by U.S. copyright law, international treaties and other intellectual property rights.

Except as otherwise stated therein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Vista’s proprietary rights, provided that you may download the information and print out hard copies for your own personal noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

Trademarks

“Vista College,” “Computer Career College” and the names of the domains in all of our networks are trademarks and service marks of Vista or its affiliates, and are used throughout the world. Other featured words or symbols, used to identify the source of goods or services, may be the trademarks of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Vista’s  name, logos, trademarks or other intellectual property displayed on this Site except as expressly provided herein or by obtaining the written permission of Vista or such other third party owner, as applicable.  You acknowledge that Vista will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or the network(s) connected to the Site or 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 the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Site if you are not expressly authorized by such party to do so.

Third Party Links

Links to websites controlled or offered by third parties are provided solely as pointers to information on topics that may be useful to users of this Site.  Vista has no control over the content on such websites. Vista makes no warranties, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Vista warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Vista does not guarantee the authenticity of documents on the Internet. Links to third party sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

Links to Affiliate Websites

The Site may contain links to websites controlled or offered by Vista affiliates which websites may contain terms and conditions that are different from these terms and conditions.  You should read the terms and conditions on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions contained in such website.

Third Party Materials on the Site

The Site may display content, services, or products of other companies or persons.  Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party.  In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site.  We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site.

Copyright Infringement Notice Policy

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. The DMCA requires that all notices of alleged copyright infringement be in writing.  If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please provide written notice to Vista’s Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
  3. A description of where the material that you claim is infringing is located on the Site, for example the URL of the specific web page where it is posted;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send this information to Vista’s designated copyright agent at:

By mail:  ATTN Copyright Agent

300 N. Coit Rd. Suite 1400
Richardson, TX 75080

By email: copyright@vistacollege.edu

Please note that this contact information is only for reporting claims of copyright infringement.  Any other inquiries reported through this process will not be guaranteed a response.  Also, be aware that there can be penalties for false claims under the DMCA.

No Warranty

The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Vista is not providing any warranties or representations regarding the website, including, without limitation, the accuracy, adequacy, or completeness of the information and materials contained on the Site and expressly disclaims liability for errors or omissions in the materials and information.  Nor does Vista make any representations or warranties that access to this Site or materials contained on this Site is uninterrupted, error-free or secure.  ALL CONTENT IS SUBJECT TO CHANGE AND IT AND THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL VISTA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFIT OR ANTICIPATORY PROFITS, ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THIS SITE OR ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND,  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE FOR SUCH SERVICES.

Submissions

All information submitted to Vista via the Site shall be deemed and remain the property of Vista and Vista shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides Vista through the Site.  Vista shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by Vista in its privacy policy or as otherwise specifically agreed or required by law. Without limitation of the foregoing, you hereby assign to Vista all now known or hereafter existing rights to any submission of every kind and nature, in perpetuity, and agree that Vista shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submission. To the extent this assignment is ineffective; you hereby grant to Vista a royalty-free, nonexclusive, perpetual, unrestricted license to publish, transmit, perform, display and otherwise use the submission for any purpose whatsoever.

Availability

The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By entering this Site, you acknowledge and agree that Vista operates this Site from its offices within the United States of America and that this Site is intended for viewing within the United States only and will only be construed and evaluated according to United States law.  Vista makes no representations that the materials on this Site are appropriate or available for use outside the United States.  If you choose to access this Site from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

Indemnity

You agree to indemnify, defend and hold harmless Vista, its officers, directors, shareholders, employees, partners, agents, attorneys, affiliates, successors and assigns from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law, or (b) your use of this Site.

Enforceability, Waiver and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be invalid or unenforceable, the remaining terms and provisions shall be unimpaired and the invalid or unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.  The failure of Vista to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The laws of the State of Texas govern the user’s access to and use of the Site, and these Terms of Use, and all users of this Site submit to the exclusive personal jurisdiction and venue of the Federal and State courts of  the Texas with respect to any matters related to use of this Site or to these Terms of Use.

Privacy and Protection of Personal Information

See the Privacy Policy for disclosures relating to the collection and use of your information.