Right of Modification
Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by BGW Development or its participating instructors. By posting to or viewing such forums, you agree that BGW Development and any of its participating instructors are not responsible or liable for the content of any postings therein. BGW Development reserves the right (but not the obligation) to remove any content from such forums in its discretion.
Rules for Online Conduct
You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site, or on any other BGW Development computing resources:
Although BGW Development does not routinely screen or monitor content posted by users to the Site, BGW Development reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.
In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.
Online Course and Certifications
The Sites will, from time to time, offer online courses in a specific area of study or on a particular topic (an “Online Course”). BGW Development and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.
For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors and the Participating instructors, you may be awarded a statement acknowledging your completion of the class ("Statement of Accomplishment"). This Statement of Accomplishment, if provided to you, would be from BGW Development and/or from the instructors. You acknowledge that the Statement of Accomplishment, if provided to you, may not be affiliated with BGW Development or any college or university. Further, BGW Development offers the right to offer or not offer any such Statement of Accomplishment for a class. You acknowledge that the Statement of Accomplishment, and BGW Development’s Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither the instructors of any Online Course nor the associated Participating instructors will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by BGW Development. The format of the Statement of Accomplishment will be determined at the discretion of BGW Development and the instructors, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.
Disclaimer of Student-University Relationship
Permission to Use Materials
All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of BGW Development and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the terms and conditions contained here, BGW Development grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
In connection with your participation in an Online Course, you will have the ability to access or download content or other course-related materials provided by other Users taking the course. While BGW Development requires Users to comply with the BGW Development Terms of Service in providing User Content, BGW Development cannot guarantee that any such User Content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm your computer, tablet, hand-held device or any programs or files therein. BGW Development disclaims any responsibility or liability relating to your access or download of such User Content. Accordingly, BGW Development recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.
User Material Submission
The Sites may also provide you with ability to upload or send information to BGW Development regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant BGW Development and the Participating instructors an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
Links to Other Sites
The Sites may include hyperlinks to sites maintained or controlled by others. Neither BGW Development nor the Participating instructors are responsible for nor do they 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.
Online Education Research
Records of your participation in Online Courses may be used for researching online education. In the interests of this research, you may be exposed to slight variations in the course materials that will not substantially alter your learning experience. All research findings will be reported at the aggregate level and will not expose your personal identity.
Fees and Taxes
In selected Online Courses, you may have the option to enroll for additional services (e.g., the Signature Track or ACE-CREDIT courses) in specific courses for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. BGW Development reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site.
If you elect to cancel your participation in the Signature Track of a course, BGW Development will offer you a complete refund up until two weeks after the date when Signature Track registration period closes for the course. After that, if you are unable to complete the course, you will be given a course coupon valid for one year from the date of issue. This coupon will only be valid for a future offering of the exact same course. However, please be aware that BGW Development cannot provide guarantees for class repeat schedules.
If you are found to be in violation of BGW Development’s Honor Code and academic integrity policies or Terms of Service, you will not be issued a refund or coupon.
To request a refund, please contact us http://bgwdevelopment.com/contact.
Choice of Law/Forum Selection
Excluding claims for injunctive or other equitable relief, for claims related to the BGW Development Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either BGW Development or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by You and BGW Development. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Disclaimer of Warranty / Limitation of Liabilities
THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BGW DEVELOPMENT AND ITS PARTICIPATING INSTRUCTORS, THEIR INSTRUCTORS AND THEIR STAFF (THE “BGW DEVELOPMENT PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE BGW DEVELOPMENT PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE BGW DEVELOPMENT PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITES WILL BE CORRECTED. NONE OF THE BGW DEVELOPMENT PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE BGW DEVELOPMENT PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE BGW DEVELOPMENT PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO BGW DEVELOPMENT'S ABILITY TO MAKE THE BGW DEVELOPMENT SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE BGW DEVELOPMENT SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the BGW Development Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BGW Development to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
All students participating in the class must agree to abide by the following code of conduct: