Last Updated July 8, 2021

AGREEMENT BETWEEN USER AND NEWLANE UNIVERSITY

The Newlane University Website is comprised of various Web pages operated by Newlane University, including the “Newlane application” that hosts Newlane courses, exams, and other assessments. The Newlane University Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, as well as the terms and conditions of Newlane University’s Privacy Statement. Please read these Terms of Use and the Privacy Statement carefully before using the Website. Your use of the Newlane University Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Newlane University reserves the right to change the terms, conditions, and notices under which the Newlane University Website is offered, including but not limited to the charges associated with admission to the Newlane University and participation in Newlane University educational programs.

SCOPE OF USE

By accessing the Newlane University Website, you agree to (i) use the content of the Newlane University Website for your personal, informational, non-commercial purposes, (ii) ensure that any information about yourself that you provide to Newlane University through the Newlane University Website is accurate, complete and current, and (iii) comply with all applicable laws in connection with your use of the Newlane University Website.

You agree that you will not (a) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Newlane University Website or (b) take any action that imposes an unreasonable or disproportionately large load on the Newlane University Website’s infrastructure as determined by Newlane University in its sole discretion.

Newlane University reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Newlane University Website at any time. Newlane University may also impose limits on certain features of the Newlane University Website or restrict access to any part or all of the Newlane University Website without notice or penalty.

LINKS TO THIRD PARTY SITES

The Newlane University Website may contain links to other Websites (“Linked Sites”), for example, academic articles hosted on the LIRN library service, videos hosted on youtube.com, and other instructional resources (websites, podcasts, encyclopedia entries associated with one or more objective or educational module on the Newlane University Website. The Linked Sites are not under the control of Newlane University and Newlane University is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Newlane University disclaims all liability with regard to your access to any linked Website, and any access to any linked Website is at your own risk. Newlane University is not responsible for webcasting or any other form of transmission received from any Linked Site. Newlane University is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Newlane University of the site or any association with its operators.

LINKS FROM THIRD PARTY SITES

Unless otherwise set forth in a written agreement between you and Newlane University, you must adhere to Newlane University’s linking policy if you wish to link your Website to the Newlane University Website, as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Newlane University’s names and trademarks; (ii) the link must “point” to the URL: newlaneuniversity.com and not to other web pages within the Newlane University Website; (iii) 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 Newlane University; (iv) when selected by a user, the link must display the Newlane University Website on full-screen and not within a “frame” on the linking Website; and (v) Newlane University reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-MAIL

The Newlane University Website offers opportunities for you to provide your own personally identifiable information to Newlane University by applying for admission, by donating time and/or money and by sending emails to Newlane University. Please review Newlane University’s Privacy Statement before providing personally identifiable information to Newlane University. Also, please bear in mind that e-mail communications may not be secure before providing any personal or confidential information to Newlane University via the Newlane University Website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Newlane University Website, you warrant to Newlane University that you will not use the Newlane University Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Newlane University Website in any manner which could damage, disable, overburden, or impair the Newlane University Website or interfere with any other party’s use and enjoyment of the Newlane University Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Newlane University Website.

USE OF COMMUNICATION SERVICES

The Newlane University Website may contain bulletin board services, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with the Newlane community at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Newlane University Website, Newlane University’s network, or another’s computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including email addresses, without their consent.

* Violate any applicable laws or regulations.

Newlane University has no obligation to monitor any messages, content, or any other aspect of the Communication Services. However, Newlane University reserves the right to review materials posted to a Communication Service and to edit or remove, in whole or in part, any materials in its sole discretion. Newlane University reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself, your children or other persons in any Communication Service. Newlane University does not endorse the content, messages or information found in any Communication Service and, therefore, Newlane University specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Newlane University spokespersons, and their views do not necessarily reflect those of Newlane University.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO NEWLANE UNIVERSITY OR POSTED AT THE NEWLANE UNIVERSITY WEBSITE

Newlane University does not claim ownership of the materials you provide to Newlane University (including feedback and suggestions) or post, upload, input or submit to the Newlane University Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Newlane University permission to use your Submission in connection with Newlane University’s operations including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. Newlane University is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Newlane University’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTY DISCLAIMER

NEWLANE UNIVERSITY AND/OR ITS AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NEWLANE UNIVERSITY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEWLANE UNIVERSITY AND ITS AGENTS AND REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR INFORMATION YOU MAY OBTAIN FROM THE NEWLANE UNIVERSITY WEBSITE IS FREE OF VIRUSES. NEWLANE UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE NEWLANE UNIVERSITY WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.

EXCLUSIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWLANE UNIVERSITY AND/OR ITS AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NEWLANE UNIVERSITY WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NEWLANE UNIVERSITY WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NEWLANE UNIVERSITY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NEWLANE UNIVERSITY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF NEWLANE UNIVERSITY OR ANY OF ITS AGENTS OR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NEWLANE UNIVERSITY WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEWLANE UNIVERSITY WEBSITE.

REMEDIES/TERMINATION/ACCESS RESTRICTION

Newlane University reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including, in its sole discretion, the right to terminate your access to the Newlane University Website and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of Utah, U.S.A., without regard to its conflicts of laws provisions. Use of the Newlane University Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The information provided on the Newlane University Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Newlane University or its affiliates to any registration requirement within such jurisdiction or country. Newlane University makes no representation that the information in the Newlane University Website is appropriate or available for use in other locations, and access to the Newlane University Website from territories where the content or information on the Newlane University Website or use of the content or information offered herein may be illegal is prohibited. Those who choose to access the Newlane University Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Newlane University as a result of these Terms of Use or your use of the Newlane University Website. Nothing contained in these Terms of Use or the Privacy Statement is in derogation of Newlane University’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Newlane University Website or information provided to or gathered by Newlane University with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and exclusions of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use, the Privacy Statement and any other policies to which these Terms of Use may refer constitute the entire agreement between you and Newlane University with respect to the Newlane University Website and they supersede all prior communications, whether electronic, oral or written, between the user and Newlane University with respect to the Newlane University Website. A printed version of these Terms of Use, the Privacy Statement and any other policies to which these Terms of Use may refer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and your use of the Newlane University Website to the same extent and subject to the same conditions as documents and records originally generated and maintained in printed form. You expressly consent to the presentation of these Terms of Use and all other documents related to your use of the Newlane University Website in the English language.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Newlane University Website are subject to copyrights owned by Newlane University. Except for your personal, informational, non-commercial use as authorized above, you may not reproduce, modify or distribute any text, graphics or other content on the Newlane University Website without written permission from Newlane University.

TRADEMARKS

Newlane University and its accompanying logo are trademarks of Newlane University. Unauthorized use of any mark owned by Newlane University may be a violation of Newlane University’s legal rights. The names of companies mentioned herein may be the trademarks of their respective owners.

QUESTIONS/COMMENTS/CONCERNS

To contact Newlane, mail us at – 3450 Triumph Blvd., Suite 102, Lehi Ut. 84043 or reach us at contact@newlaneuniversity.com 

I have read, understand and agree to abide by all the provisions set forth in the foregoing Newlane Terms of Use.