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TERMS
OF SERVICE |
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In this TERMS OF SERVICE AGREEMENT,
REFERENCE TO NOVUS UNIVERSITY SHALL ALSO BE AND REFER TO
NOVUS UNIVERSITY/NOVUS LAW SCHOOL. IT IS STATED THAT
REFERENCE TO NOVUS UNIVERSITY/NOVUS LAW SCHOOL SHALL
APPLY AS NOVUS LAW SCHOOL EQUALLY AND SHALL BE WRITTEN
AS NOVUS UNIVERSITY/NOVUS LAW SCHOOL. While NOVUS
UNIVERSITY/NOVUS LAW SCHOOL takes reasonable steps to
safeguard and to prevent unauthorized access to your
information and Registration Data, we cannot be
responsible for the acts of those who gain unauthorized
access, and we make no warranty, express, implied, or
otherwise, that we will prevent unauthorized access to
your private information. IN NO EVENT SHALL NOVUS
UNIVERSITY/NOVUS LAW SCHOOL BE LIABLE FOR ANY DAMAGES
(WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED
ACCESS TO YOUR INFORMATION OR REGISTRATION DATA,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON
CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF
LIABILITY, AND ALSO REGARDLESS OF WHETHER NOVUS
UNIVERSITY/NOVUS LAW SCHOOL AS GIVEN ACTUAL OR
CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. |
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LIMITATION OF LIABILITY |
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NOVUS UNIVERSITY/NOVUS LAW SCHOOL AND ITS
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NOVUS
UNIVERSITY/NOVUS LAW SCHOOL OR ITS SERVICE PROVIDERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. IN NO EVENT WILL NOVUS UNIVERSITY/NOVUS LAW
SCHOOL AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS,
WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR
WRONGDOING BY NOVUS UNIVERSITY/NOVUS LAW SCHOOL OR ITS
SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NOVUS
UNIVERSITY/NOVUS LAW SCHOOL OR ITS SERVICE PROVIDERS ARE
RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID
TO NOVUS UNIVERSITY/NOVUS LAW SCHOOL FOR THE USE OF THE
SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
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DEGREE GRANTING EDUCATION CORPORATION |
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NOVUS UNIVERSITY IS INCORPORATED UNDER
THE LAWS OF THE MARSHALL ISLANDS. NOVUS UNIVERSITY IS A
PRIVATE POSTSECONDARY DEGREE GRANTING EDUCATIONAL
CORPORATION AND ALL DEGREES ARE GRANTED BY NOVUS
UNIVERSITY OF THE MARSHALL ISLANDS ,UNDER
ITS CORPORATE CHARTER AND THE AUTHORITY OF ITS
BOARD OF DIRECTORS. NOVUS UNIVERSITY/NOVUS LAW SCHOOL
OFFERS INSTRUCTION ONLINE ONLY AND WEB-BASED AND NOT IN
ANY COUNTRY, STATE OR POLITICAL ENTITY.
NOVUS UNIVERSITY/NOVUS LAW SCHOOL IS NOT
ACCREDITED BY THE AMERICAN BAR ASSOCIATION.
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DISPUTE RESOLUTION (The "Arbitration
Clause") |
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THIS AGREEMENT PROVIDES THAT ALL DISPUTES
BETWEEN YOU AND NOVUS UNIVERSITY/NOVUS LAW SCHOOL WILL
BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR
BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP
YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST
NOVUS UNIVERSITY/NOVUS LAW SCHOOL INCLUDING ANY RIGHT TO
CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING
UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION
AS SET FORTH IN THE WISCONSIN CONSUMER ACT.
(The
"Arbitration Clause")
In the event of a dispute, you and NOVUS
UNIVERSITY/NOVUS LAW SCHOOL agree to submit to binding
arbitration. The arbitration will be held before one
arbitrator on an individual basis and not as a class
action. You waive any right you may have to arbitrate a
Dispute as a class action. You may select any one of the
following arbitration organizations and its applicable
rules: the American Arbitration Association, 335 Madison
Ave., Floor 10, New York, NY 10017-4605 (www.adr.org),
the National Arbitration Forum, Box 50191, Minneapolis,
MN 55405-0191 (www.arb-forum.com), or JAMS, Two
Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com).
You may obtain copy of the rules of each organization by
contacting the organization.
Arbitrators shall be attorneys or retired
judges and shall be selected pursuant to the applicable
rules. You and NOVUS UNIVERSITY/NOVUS LAW SCHOOL shall
agree on one arbitrator to conduct the arbitration. The
arbitrator shall apply governing substantive law in
making an award. In any arbitration, NOVUS
UNIVERSITY/NOVUS LAW SCHOOL will pay the filing,
administration, service or case management fee, plus the
costs associated with the first day of arbitration, with
the remaining costs to be paid by the non-prevailing
party. NOVUS UNIVERSITY/NOVUS LAW SCHOOL will pay
additional arbitration expenses to the extent that the
arbitrator determines that NOVUS UNIVERSITY/NOVUS LAW
SCHOOL must in order to ensure the enforceability of
this arbitration clause. Each party shall be responsible
for its own attorney, expert and other fees, unless
awarded by the arbitrator under applicable law.
The arbitrator's award is final and
binding on all parties. The Federal Arbitration Act, and
not any state arbitration law, governs all arbitration
under this Arbitration Clause. Any court having
jurisdiction may enter judgment on the arbitrator's
award. If any part of this Arbitration Clause, other
than waivers of class action rights, is deemed or found
to be unenforceable for any reason, the remainder
remains enforceable. |
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TERMINATION |
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If you breach any provision of this
Agreement, you may no longer use the Educational
Services. NOVUS UNIVERSITY/NOVUS LAW SCHOOL may, in its
sole discretion, change, suspend, or terminate,
temporarily or permanently, the Service or any part of
it at any time, for any reason, without notice to you
and without liability to you or any other person. If
NOVUS UNIVERSITY/NOVUS LAW SCHOOL terminates this
Agreement for any reason, it continues to apply and bind
you with respect of your prior use of the Service,
including payment of any charges accrued in connection
with use of the Service. Upon termination, NOVUS
UNIVERSITY/NOVUS LAW SCHOOL may remove from the Website
and permanently delete and destroy any Member Content
that you or others may have posted or submitted without
any prior notice or liability to you or any other
person. |
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RELEASE |
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YOU HEREBY RELEASE, REMISE AND FOREVER
DISCHARGE NOVUS UNIVERSITY/NOVUS LAW SCHOOL AND ITS
SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS,
SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS
FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS,
DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY
NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR
USE OF THE EDUCATIONAL SERVICE, DEGREE OR CERTIFICATE.
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DISCLAIMER OF
WARRANTIES |
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YOU EXPRESSLY AGREE THAT USE OF THE
EDUCATIONAL SERVICES PROVIDED BY NOVUS UNIVERSITY/NOVUS
LAW SCHOOL IS AT YOUR OWN RISK. NOVUS UNIVERSITY/NOVUS
LAW SCHOOL PROVIDES EDUCATIONAL SERVICES ON AN "AS IS"
BASIS. NOVUS UNIVERSITY/NOVUS LAW SCHOOL DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. NOVUS UNIVERSITY/NOVUS LAW
SCHOOL MAKES NO WARRANTY THAT THE EDUCATIONAL SERVICES,
DEGREES AND/OR CERTIFICATES FURNISHED WILL MEET YOUR
REQUIREMENTS, OR THAT EDUCATIONAL SERVICES OR DEGREES
WILL BE ACCEPTED BY ANY THIRD PARTY, CORPORATION,
BUSINESS, STATE, COUNTRY, GOVERNMENT AGENCY, BAR
ASSOCIATION, STATE BAR, NATIONAL BAR, GOVERNMENT
LICENSING DEPARTMENT, EDUCATIONAL INSTITUTION OR ANY
PERSON, PRIVATE OR GOVERNMENT ENTITY OF ANY KIND OR THAT
THE EDUCATIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES NOVUS UNIVERSITY/NOVUS
LAW SCHOOL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE EDUCATIONAL SERVICES,
DEGREES OR CERTIFICATES. NOVUS UNIVERSITY/NOVUS LAW
SCHOOL DOES NOT GUARANTEE YOUR PERSONAL OR
PROFESSIONAL SATISFACTION WITH EDUCATIONAL SERVICES,
DEGREES, CERTIFICATES OR THAT EDUCATIONAL SERVICES,
DEGREES OR CERTIFICATES MEET ANY OTHER STANDARDS OTHER
THAN THOSE ESTABLISHED BY NOVUS UNIVERSITY/NOVUS LAW
SCHOOL. NOVUS UNIVERSITY/NOVUS LAW SCHOOL DOES NOT
GUARANTEE THE CONFIDENTIALITY OR PRIVACY OF ANY OF
USER'S INFORMATION REGISTRATION DATA, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE EDUCATIONAL SERVICES OF NOVUS
UNIVERSITY/NOVUS LAW SCHOOL. ANY MATERIAL OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH ,THE USE OF ANY
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL OR DATA. NOVUS UNIVERSITY/NOVUS LAW SCHOOL
DOES NOT GUARANTEE TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE AND IS NOT RESPONSIBLE FOR ANY USE OF
CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR
OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM NOVUS UNIVERSITY/NOVUS LAW
SCHOOL OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. |
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INDEMNIFICATION |
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You agree to indemnify and hold NOVUS
UNIVERSITY/NOVUS LAW SCHOOL, its subsidiaries,
affiliates, officers and employees, and service
providers harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Service, the
violation of this Agreement by you, or the infringement
by you, or other user of the Service using your
computer, of any intellectual property or other right of
any person or entity. Even though prohibited, people may
provide information that is offensive, false, harmful,
or deceptive. NOVUS UNIVERSITY/NOVUS LAW SCHOOL and its
Service providers assume no responsibility whatsoever
for such content or actions. |
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NOTICES |
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Except as noted should be given to
General Counsel, NOVUS UNIVERSITY/NOVUS LAW SCHOOL: 3053
Rancho Vista Blvd. Suite H #387 Palmdale CA 93551
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GENERAL |
Novus
University is incorporated under the laws of the
Marshall Islands and this agreement and terms of service
are entered into under the laws of the Marshall Islands,
an independent Republic and member of the United Nations
This agreement comprises the entire agreement between
you and NOVUS UNIVERSITY/NOVUS LAW SCHOOL and supersedes
all prior agreements regarding the subject matter
contained herein. NOVUS UNIVERSITY/NOVUS LAW SCHOOL may
amend the terms and conditions of this Agreement (the
"amended terms") from time to time. If you continue to
use the Service after the amended terms become
effective, you are deemed to have agreed to be bound by
the amended terms. If you do not agree to the amended
terms, then you agree not to use the Service. Your
continued use of the Service constitutes an affirmative:
(a) acknowledgment by you of this Agreement and its
amended terms; and (b) agreement by you to abide and be
bound by the Agreement and its amended terms. Except as
set forth below, you must make all notices to NOVUS
UNIVERSITY/NOVUS LAW SCHOOL in writing via conventional
mail or e-mail addressed to
president@nulaw.org
A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the
same conditions as other business documents and records
originally generated and maintained in printed form. |
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