Terms of service
Last Revised: January 18, 2024
This website is published, owned, and operated by Aspen OpCo, LLC d/b/a Aspen Publishing and its affiliates (collectively with its subsidiaries, affiliates and related entities “Aspen Publishing,” “the Company,” “we,” “us,” and “our”). These Terms and Conditions (the “Terms”) govern your access to and use of the website available at https://aspenpublishing.com/ as well as any other websites, blogs or mobile apps which are directly owned by Aspen Publishing and where these Terms are linked (collectively, our “Website”), including any content, functionality, and the purchase of any products and services offered on or through the Website.
These Terms include an arbitration clause. Please read the Terms carefully before you use the Website.
By accessing, browsing, submitting an order or other information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you” or “your”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws in connection with your use of the Website. If you do not agree to these Terms, please do not use the Website.
Your Use of the Website. The Website is intended to provide information about Aspen Publishing’s various products and services, each as may be further set forth and defined by us and which are subject to change from time to time, in our sole discretion. Aspen Publishing grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website is limited to non-commercial purposes. You agree to use the Website only for lawful, non-commercial purposes, and to comply with all rules governing any transactions on and through the Website.
We do not warrant the accuracy, completeness, or usefulness of any of the Content found on the Website at any particular time. Any reliance you place on such Content and information is strictly at your own risk. Aspen Publishing disclaims all liability and responsibility arising from any reliance placed on the Content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Aspen Publishing through the Website shall be handled in accordance with our Privacy Policy, which is hereby incorporated by reference.
Orders. Orders will be initiated when you submit an order through the Website for the Aspen Publishing products or services (individually and collectively, “Products”). By placing an order, you affirm that you are of legal age to enter into a binding agreement for Aspen Publishing Products and acknowledge that you are bound by these Terms. You may not order from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Aspen Publishing, or (iii) are prohibited from accessing or using this Website by applicable law.
If you wish to obtain access to any Products available through our Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Aspen Publishing the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the prices in effect as of the time the order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you submit to the payment method specified at the time of order.
All orders must identify, at a minimum, the specific Products and unit quantities. All orders are subject to our acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.
Depending on which Product(s) you elect to receive, you may be required to agree to additional terms of use (“EULA”) applicable to the subject Product(s). Such EULA may be in the form of a “click-through” license, terms of use accessible through or otherwise made available on any online platform that Aspen Publishing utilizes to distribute the Product(s), or in such other form as Aspen Publishing deems advisable.
Prices and Taxes. All prices are subject to change without notice. Orders are billed at the prices in effect at the time the order is placed, and all prices are shown in U.S. dollars.
List prices do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply to Products. You are responsible for paying all taxes associated with your purchase hereunder.
Product Information. Information about our Products is provided on our Website for illustrative and informational purposes and despite our best efforts, occasional inaccuracies or omissions that may relate to product descriptions, pricing and/or specifications may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Website. We reserve the right to correct or update our Website with respect to Products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your transaction after pricing or other product information has been corrected, please contact us right away.
Cancellations; Returns; Refunds. Our returns policy is available on a product-specific basis. For more information about returns, visit our Return Policy page. All decisions of Aspen Publishing regarding cancellations, returns and refunds are final.
Limited Warranty. Aspen Publishing warrants that the Products will materially conform with instruction manuals, user guides and/or other product informational materials which are provided by or otherwise made available (online or otherwise) by Aspen Publishing for a period of 30 days from the date that your transaction is finalized. In the event of any breach of the foregoing warranty, we will promptly replace the affected Products or provide updated user guides or informational materials at no additional cost to you.
EXCEPT AS OTHERWISE SET FORTH HEREIN ABOVE, ASPEN PUBLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
User Account Responsibility. In order to access and use certain of our Products and services, you may be required to establish an account (“Account”). You agree to provide us with accurate and complete Account information and details, as required, and to keep it up to date. You are responsible for maintaining the confidentiality and security of your Account, including all of your passwords. You are responsible for all activities that occur under your Account and you agree to notify us immediately of any unauthorized use of your Account. Aspen Publishing is not responsible for any loss that you may incur as a result of any unauthorized person using your Account or your password.
Prohibited Uses. You agree that you will not:
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;
- Attempt to gain unauthorized access to any Account, computer systems or networks associated with the Products, the Company or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third-party Websites. The Website may contain links to websites controlled or operated by persons and companies other than Aspen Publishing (“Linked Sites”). Linked Sites are not under the control of Aspen Publishing, and we are not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Aspen Publishing is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the website or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Aspen Publishing or are identified in the Website, including any delivery of and payment for goods and services.
Third-party Applications. You acknowledge that your access and use of any third-party applications or software on our Website (e.g. an e-reader or similar), (the “Third-party Applications”) is at your discretion and risk, and that Aspen Publishing has no liability to you arising from your use of the Third-party Applications. We hereby disclaim any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Aspen Publishing harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
Intellectual Property Notices. The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights and you have no ownership interests therein. You likewise have no right, title or interest in or to the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or similar intellectual property or proprietary rights associated with our Products (individually and collectively, “Aspen Publishing IP”). Accordingly, you are not permitted to copy or use any such Aspen Publishing IP other than in connection with the use of such Product as contemplated herein and/or by any additional end-user terms you may agree to in order to access any Products, and you may not use the Website or Content in any manner, except as expressly permitted in these Terms and any additional end user terms between you and us. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Aspen Publishing.
Your Content. Any content, materials or information you upload, create or own or to which you have a license and use on the Website is “Your Content.” In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant us an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Aspen Publishing or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to support@aspenpublishing.com.
Aspen Content Policy: Unauthorized use of any Aspen-owned content including ingestion into any current or future AI program is expressly forbidden. For permission to use Aspen-owned content, please contact the Copyright Clearance Center marketplace at marketplace.copyright.com/rs-ui-web/mp
Digital Millennium Copyright Act (“DMCA”) Notice
Aspen Publishing respects the copyright interests of others and, as a policy, does not knowingly permit materials on the Website that infringe another party’s copyright.
If you believe any materials on the Website infringe any copyright interests, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and a statement of ownership of such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- 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;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law.
All DMCA notices should be sent to our designated agent as follows:
Designated Agent for Aspen Publishing
1 Wall Street, Suite 302
Burlington, MA 01803
Email: lawdept@aspenpublishing.com
Disclaimer. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY ASPEN PUBLISHING TO YOU VIA THE WEBSITE ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ASPEN PUBLISHING AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PRODUCTS, THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ASPEN PUBLISHING AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER ASPEN PUBLISHING NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ASPEN PUBLISHING FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ASPEN PUBLISHING, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY IN CONNECTION WITH ANY DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ASPEN PUBLISHING OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THE PRODUCTS, THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PRODUCTS OR THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If this limitation of liability is found to be invalid or unenforceable for any reason, in whole or in part, then the aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Aspen Publishing through the Website during the three (3) month period immediately preceding the claim giving rise to such liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any certain warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnity. You agree to defend, indemnify and hold harmless Aspen Publishing and its affiliates, directors, officers, employees and/or agents (collectively, “Aspen Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Aspen Indemnitees arising out of or relating to Your Content, your violation of these Terms, your misuse of the Products, or your violation of any applicable laws, rules or regulations in connection with the Website or Products. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Aspen Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Aspen Publishing reserves the right to assume the exclusive defense and control of any proceeding that relates to Aspen Publishing, the Products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with us in our defense thereof.
Termination and Restriction of Access. Aspen Publishing may, in its discretion and without prior notice, terminate or suspend your access to the Website for any reason or no reason at all, including, but not limited to, your breach of these Terms. We shall not be liable for any losses or damages arising from any such termination of service.
Agreement to Arbitrate and Waiver of Class Action Claims.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at support@aspenpublishing.com. Before we file a claim against you, we agree to contact you at the email address associated with your Account, or by the means otherwise provided by you. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
- GENERAL. YOU AGREE THAT YOU AND COMPANY WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO COMPANY OR YOUR USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
- LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Boston, Massachusetts.
- EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this section.
- CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- NO RIGHT TO JURY TRIAL. YOU AND COMPANY ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
- 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to support@aspenpublishing.com. For new users, the notice must be sent within 30 days of registering with Company, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we will also not be bound
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms, our Products or the Website must be commenced within six (6) months, unless a greater period is required in accordance with applicable laws, after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by the laws of the State of Delaware without regard to conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts in all disputes arising out of or relating to these Terms.
Changes to these Terms. We may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by us in our sole discretion. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of Aspen Publishing in all instances. Aspen Publishing may assign these Terms, in whole or in part, at any time. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations 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 shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and us with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notices 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. The failure of Aspen Publishing to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Company Contact Information. Questions can be directed to Aspen Publishing at: support@aspenpublishing.com