Bootcampsearch.com

Terms of Use

Effective Date: May 31, 2019

Last Updated Date: May 31, 2019

Welcome to Bootcampsearch.com, a service offered by Trilogy Education Services, LLC (“Trilogy,” “us,” or “we”) to connect interested students with our educational institution, including college and university partners (“Partners”) that offer boot camp programs (“Programs”).

PLEASE READ THIS TERMS OF USE AGREEMENT (THESE “TERMS OF USE”) CAREFULLY.  THIS WEBSITE  THE “WEBSITE”), AND THE SERVICES, INFORMATION AND CONTENT AVAILABLE OR ENABLED VIA THE WEBSITE (COLLECTIVELY, THE “SERVICES”) ARE GOVERNED BY THESE TERMS OF USE.  BY CLICKING ON THE “I ACCEPT” BUTTON, , AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRILOGY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY OF THE SERVICES.

Please be aware that section 11 of these Terms of Use, below, contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of these Terms of Use. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration.  Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. 

Your use of, and participation in, certain Services or Programs may be subject to additional terms (“Supplemental Terms”), including any applicable enrollment agreements, as well as any Partner’s terms of services, which may include their code of conduct (the “Partner Terms”), and such Supplemental Terms and Partner Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the such Services or Programs.  If these Terms of Use conflict with the Supplemental Terms, the Supplemental Terms shall control with respect to such Services solely to the extent of such conflict.

These Terms of Use, any applicable Partner Terms and Supplemental Terms are referred to herein as the “Terms.

PLEASE NOTE THAT TheSE Terms OF USE are subject to change by Trilogy in its sole discretion at any time.  When changes are made, Trilogy will make a new copy of these Terms of Use available at the Website and we will also update the “Last Updated Date” at the top of these Terms of Use.  Trilogy may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services.  Otherwise, your continued use of the Website or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

  1. Use of the Services and Trilogy Properties. The Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined herein) (collectively, the “Trilogy Properties”) are protected by copyright and other intellectual property laws throughout the world.  Subject to the Terms, Trilogy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Trilogy Properties solely in connection with your use of the Services for your personal or internal business purposes. Unless otherwise specified by Trilogy in a separate license, your right to use any Trilogy Properties is subject to the Terms.
    • Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Trilogy Properties or any portion of Trilogy Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Trilogy Properties (including images, text, page layout or form) of Trilogy; (c) you shall not use any metatags or other “hidden text” using Trilogy’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Trilogy Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Trilogy Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Trilogy Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Trilogy Properties. Any future release, update or other addition to Trilogy Properties shall be subject to the Terms.  Trilogy, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of Trilogy Properties terminates the licenses granted by Trilogy pursuant to the Terms.
    • Third-Party Materials. As a part of Trilogy Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for Trilogy to monitor such materials and that you access these materials at your own risk.
    • Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Trilogy Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Trilogy Properties.  By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Trilogy will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply.  You may opt out of receiving text messages from us by emailing bootcamp@trilogyed.com.
    • Trilogy Properties. You agree that Trilogy and its suppliers own all rights, title and interest in Trilogy Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Trilogy game client, and Trilogy game clients and server software).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Trilogy Properties.
    • Trademarks. Trilogy’s name and logo, as well as other related graphics, logos, service marks and trade names used on or in connection with Trilogy Properties or in connection with the Services are the trademarks of Trilogy and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Trilogy Properties are the property of their respective owners.
    • Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
      • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
      • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
      • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service;
      • Your name, address, telephone number, and email address (if available);
      • A statement that you have 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; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
    • Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to us at 105 East 34th Street #225 New York, New York 10016. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
  • License to Your Submitted Data. Trilogy does not claim ownership of any data you submit through the Website.  However, you grant Trilogy a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, such data (in whole or in part) for the purposes of operating and providing Trilogy Properties to you and to our other users.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated aboveYou agree that you, not Trilogy, are responsible for all of any data that you provide on or in Trilogy Properties.
  • Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Trilogy through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Trilogy has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  To the extent you provide any Feedback to the Company, you hereby assign and agree to assign to Company all right, title and interest worldwide in and to the Feedback, and all intellectual property rights therein.
  1. User Conduct. As a condition of your use of the Trilogy Properties, you agree not to use Trilogy Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party)  take any action  that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Trilogy’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Trilogy; (vi) interferes with or attempt to interfere with the proper functioning of Trilogy Properties or uses Trilogy Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Trilogy Properties, including but not limited to violating or attempting to violate any security features of Trilogy Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Trilogy Properties, introducing viruses, worms, or similar harmful code into Trilogy Properties, or interfering or attempting to interfere with use of Trilogy Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Trilogy Properties.
  2. Third-Party Services. Trilogy Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Trilogy Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Trilogy.  Trilogy is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  Trilogy provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  3. You agree to indemnify and hold Trilogy, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Trilogy Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, Trilogy Properties; (b) your violation of the Terms; (c) your violation of any rights of another party, including any users; or (d) your violation of any applicable laws, rules or regulations.  Trilogy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trilogy in asserting any available defenses.  This provision does not require you to indemnify any of the Trilogy Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Terms or your access to Trilogy Properties.
  4. Disclaimer of Warranties and Conditions.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TRILOGY PROPERTIES IS AT YOUR SOLE RISK, AND TRILOGY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TRILOGY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
      • TRILOGY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) TRILOGY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF TRILOGY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRILOGY PROPERTIES, INCLUDING ANY SEARCH RESULTS WILL BE ACCURATE OR RELIABLE.
      • TRILOGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE PRODUCTS, AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE.
      • ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH TRILOGY PROPERTIES, INCLUDING ANY SEARCH RESULTS, IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TRILOGY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TRILOGY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRILOGY OR THROUGH TRILOGY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      • From time to time, Trilogy may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Trilogy’s sole discretion.  The provisions of this section apply with full force to such features or tools.
    • No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TRILOGY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TRILOGY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING VENUES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  5. Limitation of Liability.
    • Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TRILOGY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TRILOGY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TRILOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF TRILOGY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE TRILOGY PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH TRILOGY PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TRILOGY PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO TRILOGY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TRILOGY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A TRILOGY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TRILOGY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Cap on Liability.
      • UNDER NO CIRCUMSTANCES WILL TRILOGY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (1) THE AMOUNT PAID BY YOU TO TRILOGY, IF ANY, OR (2) $50.00 USD (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      • THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF TRILOGY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY TRILOGY’S NEGLIGENCE; OR FOR (2) ANY INJURY CAUSED BY TRILOGY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • User Content. EXCEPT FOR TRILOGY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE TRILOGY’S PRIVACY POLICY,  TRILOGY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    • Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRILOGY AND YOU.
    • Violations. If Trilogy becomes aware of any possible violations by you of the Terms, Trilogy reserves the right to investigate such violations.  If, as a result of the investigation, Trilogy believes that criminal activity has occurred, Trilogy reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Trilogy is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Trilogy Properties in Trilogy’s possession in connection with your use of Trilogy Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms,  (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of Trilogy, its users or the public, and all enforcement or other government officials, as Trilogy in its sole discretion believes to be necessary or appropriate.
    • Breach. In the event that Trilogy determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Trilogy Properties, Trilogy reserves the right to:
      • Delete any of content provided by you or your agent(s) to Trilogy Properties;
      • Discontinue your use of any Services;
      • Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      • Pursue any other action which Trilogy deems to be appropriate.
  1. Term and Termination.
    • Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Trilogy Properties, unless terminated earlier in accordance with the Terms.
    • Prior Use. Notwithstanding the foregoing, if you used Trilogy Properties prior to the date you accepted the Terms of Use, you hereby acknowledge and agree that the Terms of Use commenced on the date you first used Trilogy Properties (whichever is earlier) and will remain in full force and effect while you use Trilogy Properties, unless earlier terminated in accordance with the Terms of Use.
    • Termination of Services by You. If you want to terminate the Services provided by Trilogy, you may do so by (a) notifying Trilogy at any time, and (b) cease using all Services and Trilogy Properties. Your notice should be sent, in writing, to Trilogy’s address set forth below.
    • Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service.  .  Trilogy will not have any liability whatsoever to you for any suspension or termination.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  2. International Users. Trilogy Properties can be accessed from countries around the world and may contain references to Services that are not available in your country.  These references do not imply that Trilogy intends to announce such Services in your country.  Trilogy Properties are controlled and offered by Trilogy from its facilities in the United States of America. Trilogy makes no representations that Trilogy Properties are appropriate or available for use in other locations.  Those who access or use Trilogy Properties from other countries do so at their own volition and are responsible for compliance with local law.
  3. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Trilogy and limits the manner in which you can seek relief from us. 
    • Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Trilogy Properties or Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Trilogy, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (b) you or Trilogy may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of the Terms of Use or any prior version of the Terms of Use.

IF YOU AGREE TO ARBITRATION WITH TRILOGY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST TRILOGY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE TRILOGY IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT.

  • Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent:  The Corporation Trust Trilogy, Corporation Trust Center 1209 Orange Street, Wilmington, DE.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Trilogy will pay them for you.  In addition, Trilogy will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, Trilogy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.   Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Trilogy. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  • Waiver of Jury Trial.  YOU AND TRILOGY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Trilogy are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms  as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 7.
  • 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Trilogy Education Services, LLC, 105 East 34th Street, Suite 225, New York, NY 10016 or email: privacy@trilogyed.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Trilogy.
  • Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if Trilogy makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Trilogy.
  1. General Provisions.
    • Privacy Policy. All information Trilogy collects through the Service is subject to Trilogy’s Privacy Policy available at bootcampsearch.com/privacy-policy. By using the Service, you consent to all actions taken by Trilogy with respect to your information in compliance with Trilogy’s Privacy Policy.
    • Electronic Communications. The communications between you and Trilogy use electronic means, whether you visit Trilogy Properties or send Trilogy e-mails, or whether Trilogy posts notices on Trilogy Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Trilogy in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Trilogy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    • Release. You hereby release Trilogy Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Trilogy Properties, including but not limited to, any disputes with one or more Venues for Products purchased through the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Trilogy Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
    • Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Trilogy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. Trilogy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Trilogy Properties, please contact us at: privacy@trilogyed.com. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Exclusive Venue. To the extent the parties are permitted under the Terms to initiate litigation in a court, both you and Trilogy agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in New York, New York.
    • Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the STATE OF NEw YORK, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    • Notice. Where Trilogy requires that you provide an e-mail address, you are responsible for providing Trilogy with your most current e-mail address.  In the event that the last e-mail address you provided to Trilogy is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Trilogy’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Trilogy at the following address: Trilogy Education Services, LLC, 105 E. 34th Street, Suite 225, New York, NY 10016, Attn: Legal.  Such notice shall be deemed given when received by Trilogy by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.