Terms of Use

Date of Last Revision: July 2013

The American Public University System, its members, including American Public University and American Military University, and American Public Education, Inc. (collectively “APUS, “we,” “our,” or “us”) operate various websites and blogs, including www.apus.edu, www.apu.apus.edu, www.amu.apus.edu, www.americanpubliceducation.com, and others (collectively the “Websites”). These terms of use (“Terms of Use”) describe the terms and conditions applicable to your use of any and all Websites operated by us. If there is a link to these Terms of Use on any website or online service you are visiting, these Terms of Use apply.  

Your access to and use of the Websites is subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, commenting, or purchasing services or goods on the Websites, you agree to be bound, without limitation or qualification, to these Terms of Use, which form a legally binding contract. If you do not agree to these Terms of Use, you may not use the Websites.   

Note: If you are a student, employee or faculty member of APUS, your use of the Websites is also subject to other APUS policies, which may include faculty, student, or employee handbooks or codes of conduct or other applicable APUS policies.

Modifications

You should review these Terms of Use regularly as they may change. Your continued use of the Websites following the posting of changes to the Terms of Use constitutes acceptance of those changes.  Modifications will be posted on the Websites and the “date of last revision” at the top of this page will be revised. In addition, for material changes to these Terms of Use, as determined in our sole discretion, we will include a notice on the Websites that directs users to a copy of the latest Terms of Use for review and/or send a communication to users notifying them of changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Privacy Policy

The APUS Website Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to the collection and use of your information by the Websites as described in the Privacy Policy.

Click here to view the Privacy Policy.

Scope of Use

The Websites provide users with access to certain content and services we make available, including information about our course offerings, interactive features, online educational opportunities, business, news, and other related topics that may be customized based on the user’s expressed interests, likes and dislikes. 

Subject to these Terms of Use, we invite you to view, use and where appropriate, comment on the content available through the Websites, but in each case solely for your personal, informational, educational and non-commercial purposes. Except as expressly provided in these Terms of Use, you may not reproduce, modify, display or distribute any text, graphics, images, videos or other content available through the Services, or the design and layout of the Websites (including its “look and feel”), without our prior written consent.

By accessing the Websites, you agree to abide by all security and safety measures established by APUS or its partners or service providers. 

Information, News, and Press Releases

The Websites 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 APUS. Any description or reference to non-APUS 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 APUS.

Third-Party Sites and Linking

As a convenience to users, the Websites may contain links to websites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of APUS, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, non-APUS terms of use 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 APUS, you must adhere to APUS’s 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 APUS’s name or any APUS 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 sponsored by, affiliated with, or associated with APUS, and (iii) when selected by a user, the link must display the Website(s) on full-screen and not within a “frame” on the linking site.

Rules of Conduct

Certain portions of the Websites permit you to upload, post, email, or otherwise transmit content (collectively, “User Content”). For interactive features, such as blogs, message boards, or social media features (referred to in these Terms of Use as “Services” to distinguish the interactive features from other non-interactive portions of the Websites generally), User Content may be viewable publicly or to others who visit or participate in the Services. Some users may submit content that contains personally identifiable information. Please review our Privacy Policy at http://www.apus.edu/privacy before providing any personally identifiable information.

It is a violation of these Terms of Use for you to:

(a)  use the Websites or Services for illegal purposes, in violation of any applicable laws or regulations;

(b)  copy, sell, resell, or exploit for commercial purposes any portion of the Websites or Services;

(c)  use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Website pages, content, or user information, except as expressly permitted by APUS;

(d)  intentionally manipulate identifiers, use another’s identification or password without authorization, or otherwise engage in any activities intended 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 Website(s)’ infrastructure or interferes with the proper working of the Websites or Services;

(h)  post content or take any action using the 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;

(i)    attempt to decompile, decipher or reverse engineer any of the software used by us  as part of the Websites or 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 us;

(k)  post any classified or sensitive information, which means that users, to the extent applicable, should also be mindful of Operational Security (OPSEC) 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 Websites, including you, is responsible for the User Content that the user transmits to the Services, 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 Websites and Services to improve performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies. APUS 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 Use or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.

Violations; Termination of Usage

We may terminate or suspend your access to all or part of the Websites or Services immediately and without notice for any conduct that APUS, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of APUS or any third party. Upon termination, you must cease use of the Services and all related content. APUS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to a Website from a particular Internet address.

License

By transmitting User Content on or through the Websites or Services and subject to any other applicable policies, you grant APUS 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 Services and APUS’s 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 Websites or Services to access and use your User Content, subject to our terms and conditions regarding such use and the right for APUS to allow its third party business partners to use your User Content.

Proprietary Rights

All trademarks, service marks and logos on the Websites or Services are the property of their respective owners.  Unauthorized use of any APUS (or of any third-party) trademark, service mark, or logo may violate APUS’s or a third party’s legal rights.  You must obtain our written permission prior to using any trademark or service mark of APUS.

APUS and its licensors own all intellectual property rights in the Websites and 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 Websites and as otherwise expressly indicated.  The Websites, Services and all Materials therein are protected by United States and international copyright laws.  Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations.  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 Websites or Services infringes your copyright, please provide us with the following information: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.

Our designated copyright agent for notice of alleged copyright infringement appearing on the Websites is:

Thomas Beckett
Vice President, Legal Affairs
American Public University System, Inc.
111 West Congress Street
Charles Town, WV 25414

Telephone: 877-777-9081
Fax: 304-724-3780
Email: copyrightagent@apus.edu

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (1) through (6) above, we will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on one of our Websites. 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.” APUS reserves the right to terminate the accounts of “repeat copyright infringers.”

DMCA Counter-Claim Procedure

If you have received a notice of copyright infringement 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 Websites (“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 its products and services. You hereby assign to APUS 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 Websites or portions of Websites such as Services may be accessible only through a registration process or with specific credentials. For such access-restricted portions of the Websites, it is a violation of these Terms of Use 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 WEBSITES, THE SERVICES, AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES) 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. APUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APUS SHALL CREATE A WARRANTY OF ANY KIND.  YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. APUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.

Indemnification

You agree to indemnify and hold APUS 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 Websites or the Services, your User Content, your violation of the Terms of Use, or your violation of any law or rights of a third party. APUS 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 APUS in asserting any available defenses.

Limitation of Liability

YOUR USE OF THE WEBSITES, SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. APUS 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 WEBSITES, SERVICES  AND THE MATERIALS, EVEN IF APUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APUS’S 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, APUS’s 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 Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of APUS, Website(s) or Services users, or the public.

Governing Law

The laws of the Commonwealth of Virginia, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving the Websites, you agree that the dispute will be resolved in a court located in the Commonwealth of Virginia, USA. You agree to submit to the personal jurisdiction of the courts located in the Commonwealth of Virginia, USA for the purpose of litigating all such claims. 

Compliance with Laws

Information available through the Websites (and Services) is not intended for distribution to, or use by, any non-U.S. military personnel or entity in any foreign jurisdiction or country where such distribution or use would be contrary to law or regulation. APUS makes no representation that the information available through the Websites is appropriate or available for use in other non-U.S. locations, and access to the Websites from any such locations where the content of the Websites offered herein may be illegal is prohibited. Those who choose to access the Websites from other non-U.S. locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.

Miscellaneous

These Terms of Use, as modified from time to time by APUS in writing and including any applicable student, employee or faculty handbooks, codes of conduct or other policies as well as any policies that are incorporated by reference, set forth the entire understanding and agreement between you and APUS with respect to the subject matter hereof. APUS’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court 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 Use will remain in full force and effect. These Terms of Use are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Use will be in the English language.

If you have any questions about the Services or these Terms of Use, please email us at online@apus.edu.