Conditions of Use
Brown Mackie College system of schools ("we," "us" or "our") operates and provides
services on the Web site located at www.brownmackie.edu (the "site"). In general,
you can visit or browse the site without telling us who you are or revealing any
personally identifiable information about yourself. However, in order to access
certain parts of our site, you must be an enrolled student or part of our staff
Please read these Conditions of Use carefully, because by using our site or downloading
or installing any content (as defined herein) available from or through our site
(or attempting to do any of these) you agree to be bound by and comply with these
We offer our users, including enrolled students, a limited license to access and
make personal use of the site. The content is for your personal information only.
We authorize you to view or download a single copy of the content for your personal,
non-commercial use. The content or site may not be altered, modified, displayed,
printed or used otherwise. This license does not include any resale or commercial
use of this site or its content; nor any derivative use of the site or its content;
any downloading or copying of content for the benefit of another merchant or educational
provider; or any use of data mining, robots, or similar data gathering and extraction
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of ours. You may not use any metatags or any other "hidden text" utilizing our name
or trademarks. Furthermore, you may not delete, modify, or alter any copyright or
other notice we place on any content and such copyright or other notice must be
included in your authorized use of the content. Content is owned by us, our parent
company, Education Management Corporation ("EDMC"), or our licensors and is protected
by copyright, trademark and other laws and regulations of the United States and
foreign laws. You may not use content in any way not expressly permitted
by these Conditions of Use. If you do, your right to use the content will automatically
terminate. Content and the site generally are subject to change or termination without
notice. All rights not expressly granted herein are reserved by us. Any unauthorized
use terminates the permission or license granted by us. "Content," as the term is
used herein, includes information, text and graphics, photographs, artwork and all
other material contained on the site or features and functions we make available
on our site.
When you send emails to us, you are communicating with us electronically and consent
to receive return communications from us electronically. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
of Use and forms a part of your agreement with us. When we use the term "personal
information" we mean information such as your first/middle initial or name and last
name, street address, town or city, state, ZIP code, telephone number, email address,
gender and any other information that would allow someone to identify you or contact
You agree you will not send, upload or transmit any communication or content of
any type to the email address listed on the "Contact Us" link that infringes or
violates any rights of any party or violates these Conditions of Use. Any user submitting
or otherwise exchanging communications or content, including, without limitation,
any personal or commercial information, idea, concept or invention, (individually
and collectively, "user content") agrees and understands that User Content will
not be considered or treated as confidential, and (i) acknowledges and understands
that others may see, read, use or re-transmit such User Content, (ii) explicity
represents and warrants that you are the owner of such User Content or have all
rights and licenses necessary regarding such User Content, and (iii) that Brown
Mackie College system of schools are thereby granted a royalty-free, perpetual,
irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, or
create derivative works from, and modify, publish, edit, translate, adapt, transform,
distribute, transmit, broadcast, perform or display such User Content in any media
or medium or any form, format or forum now known or hereafter developed.
Enrolled Students: Comments, Communications And Student Content
Enrolled students may post comments, participate in online surveys and certain other
online activities reserved for students only, and submit suggestions, ideas, comments,
questions, artwork, statements, quotes, information or any other posting or submission
(collectively, "student content"), provided that the student content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and does
not consist of or contain software viruses, political campaigning, commercial solicitation
or any form of "spam." We reserve the right (but not the obligation) to remove or
edit such student content at any time.
You agree that user content or student content will
not be considered or treated as confidential and (i) you acknowledge
and understand others may see, read, use or re-transmit such user content or student
content, as the case may be, (ii) you explicitly represent and warrant that you
are the owner of such user content or student content, as the case may be, or have
all rights and licenses necessary regarding such user content or student content,
as the case may be, and (iii) that we, EDMC, and our respective
affiliates (together, "EDMC parties") are granted a royalty-free, perpetual, irrevocable,
unrestricted world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, adapt, transform, distribute, transmit,
broadcast, perform and display such user content or student content, as the case
may be, in any media or medium, or any form, format, or forum now known or hereafter
EDMC parties may sublicense its rights through multiple tiers of sublicenses. You
understand that the EDMC parties are not responsible for unauthorized duplication/use
of student content by third parties on the Internet. You certify that any user content
or student content, as the case may be, that you submit to us is yours alone and
that you have the sole right to such work and its distribution, reproduction and
submission to us for its use.
Limitation of Warranty and Liability
The use of this site and its content is at your own risk and are provided "as is."
Transmissions over the Internet and communications networks are not in our control
and can never be completely secure. Accordingly, we cannot and shall not be liable
for any delay, failure, interruption, compromise or corruption of any data or other
information transmitted in connection with use of the site, including information
you provide to us or our site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE EDMC PARTIES AND THE SITE DISCLAIM ALL
WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
In no event shall THE EDMC PARTIES, the Site, OR THE SITE’S licensors, suppliers
and Content providers be liable for any damages, including, without limitation,
direct, indirect, incidental, consequential, special, exemplary and special damages
or damages resulting from lost data or business interruption, regardless of the
form of action or the basis of the claim, whether based on warranty, contract, tort,
strict liability or any other legal theory, and whether or not a party has been
advised of the possibility of damages.
If, for any reason, Brown Mackie College system of schools shall be found to be
liable, the aggregate liability to you or any other party or parties claiming with,
under or through you, shall be limited to one hundred dollars (U.S. $100.00), notwithstanding
any claim that such remedy fails of its essential purpose. No claim or action arising
from or concerning the site, content or otherwise hereunder may be brought later
than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability
in whole or in part with respect to consumer agreements, and although the exclusions,
limitations and disclaimers in these Conditions of Use shall always be construed
to take full advantage of their meaning to the extent permitted by law, you should
consult your own legal advisor should you wish to determine the laws and regulations
that apply to you.
Advertisements, Searches and Third Party Links
The site may provide third-party advertising or content or links to third-party
Web sites on the site. Brown Mackie College system of schools does not recommend,
monitor, control or endorse any third party advertising or content that may be available
on the site or the content on any third-party Web sites, and is not responsible
treat your information. Your use of third-party Web sites is at your own risk.
You agree to defend, indemnify, and hold Brown Mackie College system of schools
, its officers, directors, employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Conditions of Use.
Brown Mackie College schools' corporate headquarters is based in Cincinnati, OH
in the United States of America. Brown Mackie College system of schools makes no
claims that the site, any content or user content are appropriate or may be transmitted,
used or installed outside of the United States. Access may not be legal by
certain persons or in certain countries. If you access the site from outside the
United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
Any terms or conditions in these Conditions of Use that must survive to give effect
to their meaning, shall survive the termination, expiration or cancellation of these
Conditions of Use.
Law that Applies: Interpretation and Modificaiton
You expressly agree and personally submit to the exclusive jurisdiction of the courts
of the Commonwealth of Pennsylvania to adjudicate and resolve any dispute with Brown
Mackie College system of schools parties, their affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content providers
or in any other way relating to the site, including, content, user content or student
content, as the case may be. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL
OR TO CLAIM THAT THE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA ARE AN INCONVENIENT
FORUM TO HEAR CLAIMS AND DISPUTES.
These Conditions of Use are governed by the substantive laws of the Commonwealth
of Pennslyvania without respect to its conflict of laws principles. If any
provision of these Conditions of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Conditions of Use, which shall remain in full
force and effect. No waiver of any of these Conditions of Use shall be deemed a
further or continuing waiver of such term or condition or any other term or condition.
and although we will generally try and provide at least 30 days’ advance notice
of the effective date of any material modification, if we do not provide advance
notice, the modification will take effect when we post the change on our site. Accordingly,
we urge you to check back frequently so that you are aware of the terms and conditions
that apply to you.
If you believe any content, user content or student content, as the case may be,
located on the site infringes your copyright, you may request removal of those materials
from our site by contacting our designated copyright agent (identified below) and
providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Describe
the work and, where possible, include a copy or the location (e.g., URL) of an authorized
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the use of the content you notify
us about is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate and that "under
penalty of perjury" you are the copyright owner or are authorized to act on the
copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized
Our agent for copyright issues relating to this site is:
Attn: Office of Privacy
Education Management Corporation
210 Sixth Avenue, Pittsburgh, PA 15222
Changes To These Conditions of Use
We reserve the right to make changes at any time to our site, policies, and these
Use periodically for any changes.
Last Updated: February 1, 2008