Meridian University Online Courses and Programs
Terms and Conditions of Use
Last Modified: March 23, 2016
By accessing Meridian University websites (including but not limited to meridianuniversity.edu, courses.meridianuniversity.edu, meridianu.net) and participating in Meridian University events and sessions (including but not limited to those conducted through Zoom.us, Google Hangouts, Instant Teleseminar), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Meridian sites or participating in Meridian programs, events, sessions and courses in any way. The materials contained in this web site are protected by applicable copyright and trademark law.
In this agreement the concepts of “website,” “session,” “services,” “system,” “content,” “program” and “course” are referred to by the words “website” and “services.” These words are used to describe content and services created or maintained by Meridian University. Additionally “Meridian” and “Meridian University” refer to Meridian University and its affiliates, and other organizations controlled directly or indirectly by Meridian.
2. Use License
In no event shall Meridian or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Meridian's Internet site, even if Meridian or a Meridian authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify and hold Meridian, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Meridian websites and services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with Meridian’s websites and services.
5. Revisions and Errata
The materials appearing on Meridian's website could include technical, typographical, or photographic errors. Meridian does not warrant that any of the materials on its website are accurate, complete, or current. Meridian may make changes to the materials contained on its website at any time without notice. Meridian does not, however, make any commitment to update the materials.
Meridian has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Meridian of the site. Use of any such linked website is at the user's own risk.
8. Governing Law and Arbitration
As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Any claim relating to this agreement and Meridian's website(s) shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any legal proceeding included but not limited to binding arbitration shall take place in Sonoma County, CA.
9. Member Disputes
You are solely responsible for your interactions with other Users, third party developers or any other parties with whom you interact through the website. Meridian reserves the right, but has no obligation, to become involved in any way with these disputes.
10. Proprietary Rights in Content
Meridian University does not claim any ownership rights in the Content that you transmit, submit, display or publish (“post”) on, through or in connection with the Services or website. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Services, you hereby grant to
Meridian University a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Services, including, without limitation, distributing part or all of the Services and any Content
included therein, in any media formats and through any media channels. This limited license does not grant Meridian University the right to sell or otherwise distribute your Content outside of the Services. The license you grant to Meridian is non-exclusive, fully paid and royalty-free, sublicensable, and worldwide. You represent and warrant that: (i) you own the Content or otherwise have the right to grant the license, and (ii) the posting of your Content on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees,
and any other monies owing any person or entity by reason of the use of any Content posted by
you on or through the Services.
The Services also contain Content of Meridian University, its affiliates or licensors (“Meridian University Content”). Meridian University Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Meridian website and Services.
11. Content Posted
Please choose carefully the information that you post on, through or in connection with Meridian websites and that you provide to other Users. You may not post any form of Prohibited Content, as outlined in Section 12 below. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Meridian assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us immediately. Meridian may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement or our Online Forum Guidelines or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Meridian assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
12. Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. We reserve the right to remove anyone from the Meridian website or services temporarily or permanently without refunding fees paid to Meridian at any time if we have determined that they have violated any part of this agreement. Prohibited Content includes, but is not limited to, Content that, in our sole discretion: (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or
physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits or is designed to solicit personal information from anyone under 18; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (j) contains restricted or password only access pages or hidden pages or images; (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves commercial activities and/or sales without prior written consent from Meridian such as contests, sweepstakes, barter, advertising, or pyramid schemes; (n) includes a photograph or video of another person that you have posted without that person’s consent; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.