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TERMS OF SERVICE

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THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND BRIDGEPOINT EDUCATION, INC. ("BRIDGEPOINT") STATING THE TERMS THAT GOVERN YOUR USE OF THE THUZE SERVICE ("SERVICE") DURING A FREE TRIAL MEMBERSHIP PROGRAM ("PROGRAM"). BY CLICKING "I AGREE", YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT USE THE SERVICE.
 
PROVIDING REGISTRATION INFORMATION TO BRIDGEPOINT DOES NOT GUARANTEE YOUR ADMISSION INTO THE PROGRAM OR THAT YOU WILL BE PROVIDED ACCESS TO THE SERVICE.
 
"User" means a free trial member of Service selected by Bridgepoint to participate in the Program, as determined by Bridgepoint in its sole discretion. Bridgepoint ("Company" or "we," "our," or "us") owns and operates the Service. Participation in the Program and its benefits are offered at our discretion. From time to time, we may change this Agreement. If we change this Agreement, we will inform you by posting the revised Agreement when you access the Service or by email.
 
1. Description of Program and Service
The Program and Service currently provides Users with access to one (1) of several free ebooks that we choose in our sole discretion (each a “Title”), which Title may be viewed through the Service via the Internet at www.thuzelearning.com or via an authorized mobile device using Bridgepoint’s proprietary Thuze software application (“Software”). If you are selected to participate in the Program, as consideration for your participation, free use of the Service, and free access to the selected Title, you agree to respond to questionnaires, surveys, and other requests for feedback from Bridgepoint regarding your use of the Service. We may add, change, remove, suspend or discontinue any aspect of the Program or the Service at any time, with or without notice or liability to you. We may also impose limits on certain features and services or restrict access to parts of or all of the Program or the Service, with or without notice or liability to you.
 
2. User Eligibility Requirements
A User must be an individual, 18 years of age or older. You may maintain only one account. Any duplicate accounts will be subject to cancellation by us. The Program is only available via access to the Service. You must have an approved mobile device or laptop, Internet access, an e-mail address, and be a registered student at a post-secondary institution to be eligible to receive the privileges and benefits of the Program and the Service. Bridgepoint reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria.
 
3. Selection Process:

To be considered by Bridgepoint for admission into the Program, you must complete the registration form in which you enter personally identifiable information, including but not limited to your first and last name, home or physical address, email address, phone number, textbooks you are using, school you are attending and primary method of accessing the Service (the “Registration Information”). Based on your Registration Information and Bridgepoint’s enrollment requirements, Bridgepoint will select a certain number of qualified applicants to participate in the Program for each available Title. If you are selected to participate in the Program, we will notify you by email. Each User will be given access to no more than one (1) Title. The number of available Users in the Program is limited. By submitting your Registration Information to us you are not guaranteed admission into the Program.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SELECTION PROCESS FOR THE PROGRAM MAY BE IMMEDIATELY DISQUALIFIED AND MAY HAVE VIOLATED CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BRIDGEPOINT AND ITS AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
 
4. Representations and Warranties:

You hereby represent and warrant to Bridgepoint that: i) you are 18 years old or older; ii) you shall sign up only once for the Program, and shall only maintain one account with the Program; iii) you are a real person, and that you shall not create, use, or employ computer generated programs, services, scripts or other automated means to access the Program or Service benefits; iv) you shall not transfer Titles, or attempt to transfer Titles by any means; v) you shall provide Bridgepoint with valid and accurate information that is complete and current, and you shall update such information as soon as it changes in the event that it does; vi) you shall pay any and all expenses associated with connecting to or using the Service, including, but not limited to, ISP charges, wireless carrier charges, data charges, Internet or telephone access, which shall be your sole expense and responsibility; vii) you shall not resell or attempt to resell the Program or the Service; viii) you shall use the Program and the Service for your personal, noncommercial, educational use only, and understand that Titles may not be sold to institutional purchasers for institutional and/or commercial use, including but not limited to libraries, corporations, governmental entities, and other non-individual end users; ix) you are currently enrolled as a student at an approved university; and x) you will take necessary steps to assure the privacy and the security of any passwords or usernames/logins provided to you.

If you violate any of the representations and warranties as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your participation in the Program and your use of the Service and may cancel your access to the Service and the Title.
 
5. Account Access and Password

Upon acceptance into the Program, you will choose a password that will allow you to access your Thuze account (via the Service) to access the selected Title and modify your account information. Users must be logged into his/her respective account, in order to make changes.

Registration Information and certain other information about you are subject to our Privacy Policy located at http://www.thuzelearning.com/privacy.php. Please read our Privacy Policy for information on how your data will be handled. If you choose to provide information to the Service, you agree to provide only true, accurate, current and complete information.

We reserve the right to terminate any account for abusive or fraudulent activity, invalid or fraudulent information, or if the User is no longer reachable at the e-mail address provided.

We are entitled to act on instructions received under your password. By creating a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. A User must report to us immediately, if anyone uses your account without your consent, or you discover any security breach that relates to your User account, e-mail address, and other account information.
 
6. Restrictions

You shall not (and shall not allow any third party to): (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise; (ii) attempt to discover any source code; (iii) modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; (iv) sell, resell, license, rent, lease, lend or otherwise transfer access to the Service to any third party; (v) distribute or make the Service available over any network or on multiple devices; (vi) create obscene, defamatory or other works that would violate any applicable law, using the Service; (vii) attempt to gain access to any service, account, computer systems or networks associated with the Service, including without limitation Bridgepoint’s Thuze product, except with the prior authorization of Bridgepoint, including, without limitation, allow unauthorized users to use any usernames or passwords to access, view, use, or gain access to the Service; (viii) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any third party's use of the Service; (ix) upload any content owned by any third party onto or with the Service without the consent of such third party; or (x) take any action that would create obligations that would conflict with your obligations hereunder, including without limitation, creating modifications to the Service that contain code licensed under an Open Source License (as defined below), or using the Service to merge with, link to, make function calls to, or share data structures with software available under an Open Source License. “Open Source Licenses” include, without limitation, any software license that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (A) disclosed or distributed in source code form, (B) be licensed for the purpose of making derivative works, or (C) be redistributable at no charge. Any rights not expressly granted to you herein are reserved by Bridgepoint.

If you violate any of the foregoing restrictions as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your participation in the Program and your use of the Service and may cancel your access to the Service and the Title.
 
7. Software
If you are selected as a User and your primary access method is a mobile device and you access the Service through a mobile application offered by Bridgepoint, Bridgepoint’s Software is required to be downloaded and installed on an approved mobile device in order to use and access the Service. All right, title and interest in and to the Software is the property of Brigepoint. Your use of the Software is governed by the terms of an end user license agreement that accompanies or is included with the Software (the “License Agreement”). Please carefully read the License Agreement to determine the full extent of conditions governing the use of such Software.
 
8. Ownership of Intellectual Property
  1. Other than User Content and Titles, the content available on or through the Service, and all software, text, visual, audio, and other media content (“Content”) and Bridgepoint’s trademarks and logos, including Thuze (“Marks”), are owned by or licensed to Bridgepoint and are protected under U.S. and international laws.

  2. All Titles, and their respective contents, images, covers and any trademarks associated with the Titles are owned or licensed by third party publishers, and are protected under U.S. and international laws and are subject to the terms and conditions established by each publisher.

  3. You do not acquire ownership rights by using the Service, downloading material from or uploading material to the Service.

  4. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Bridgepoint.

  5. All comments, feedback, suggestions, ideas and other submissions (“Feedback”) transmitted to Bridgepoint in response to questionnaires, surveys, other solicitations in connection with your use of the Service shall be the exclusive property of Bridgepoint. You agree that unless otherwise prohibited by law, Bridgepoint may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to you.

9. User Content
You own all content and information you post or share using the Services (referred to as “User Content”), such as personal notes, tag marks, highlights, and other markings you make to a Title through the Service functionality, as well as posted comments, photos, images, and profile information you submit to User message boards through the Service. You grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, display, and otherwise exploit all intellectual property rights with respect to your User Content. You represent and warrant that you own all rights to your User Content or, alternatively, that you have the right to grant Bridgepoint the rights described above. You also represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You are responsible for your use of the Services, and for any use of the Services made using your account. Bridgepoint desires to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users, the publishers or to Bridgepoint.

You may not use the Services to:
  • violate any law or regulation;

  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights of someone else;

  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;

  • transmit any malicious or unsolicited software;

  • stalk, harass, or harm another individual;

  • impersonate any person or entity, or misrepresent your affiliation with a person or entity;

  • use automated methods to use the Services in a manner that sends more requests to the Bridgepoint servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or

  • interfere with or disrupt the Services.
We may refuse to accept or transmit User Content. We may remove User Content from the Service for any reason. If you violate any of the foregoing rules as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your participation in the Program and your use of the Service and may cancel your access to the Service and the Title.
 
10. Use of Titles
You understand and agree that the Titles provided through the Service are owned or licensed by third-parties. Each publisher of the Titles reserves the right to enforce the terms and conditions of use applicable to such Title. Bridgepoint is not responsible for the content of the Titles. If you are accepted into the Program, you will receive a limited right to use your selected Title for your personal use during the Trial Period, subject to the terms and conditions of this Agreement and each publisher’s terms and conditions. You represent and warrant to Bridgepoint that i) you will download, access and view each Title only on a single device for personal use, unless otherwise expressly provided in the publisher’s terms and conditions of use; ii) you will comply with the terms and conditions of use established by the publisher for each respective Title; iii) you will not print all or a large portion of any Titles or try to circumvent the printing limitations in the Software; and iv) you will not allow the Titles to be viewed or accessed by multiple users, whether online or through other display.

In addition to the foregoing, If your Title is published by McGraw-Hill, then the following shall apply:
  1. The Title is a copyrighted work of McGraw-Hill and McGraw-Hill reserves all rights in and to the Title. The Work is © 20__ by The McGraw-Hill Companies, Inc.

  2. The User is receiving only a limited right to use the Title for User’s own internal or personal use. The User may not reproduce, forward, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish or sublicense the Title or in any way commingle the Title with other third party content, without McGraw-Hill's prior written consent. User log-in information and password may be used solely by User and User may not share with or sell to a third party such log-in information and/or passwords to access the Title.

  3. THE MCGRAW-HILL TITLE IS PROVIDED ON AN “AS IS” BASIS. NEITHER MCGRAW-HILL NOR ITS LICENSORS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO ANY MCGRAW-HILL TITLE OR THE INFORMATION THEREIN OR ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM, ACCESSING OR USING THE MCGRAW-HILL TITLE, OR ANY MATERIAL REFERENCED IN SUCH TITLE OR ANY INFORMATION ENTERED INTO LICENSEE’S PRODUCT BY USERS OR OTHER PERSONS AND/OR ANY MATERIAL AVAILABLE ON OR THAT CAN BE ACCESSED THROUGH THE LICENSEE’S PRODUCT (INCLUDING VIA ANY HYPERLINK OR OTHERWISE) OR AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED. ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE MCGRAW-HILL TITLE IS AT YOUR OWN DISCRETION AND RISK AND USER UNDERSTANDS THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA.

  4. IN NO EVENT WILL MCGRAW-HILL OR ITS LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW-HILL TITLE.
 
11. Termination
You understand and agree that Bridgepoint will determine your compliance with this Agreement in its sole discretion. Bridgepoint reserves the right to deny access to all or part of the Service and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities. Upon termination of your user account or access to the Service, or upon demand by Bridgepoint, you must destroy all materials obtained from this Service and all related documentation. If the Service is terminated for any reason, you will no longer have access to the Title or User Content. Upon termination of the Services and/or access to the Title, your User Content may be deleted. Bridgepoint shall not be responsible for the loss or damage to User Content.
 
12. Duration of Program
The Program will last for a limited trial period ending on June 1, 2012 (the "Trial Period"). At the end of the Trial Period, you will no longer have access to the Title and we may also terminate your access to the Service. We do not guarantee that the Service will continue to be free or that additional consideration may be required in the future to continue to access the Service.
 
13. Disclaimer; Limitations of Liability
  1. THE SERVICE IS PROVIDED “AS IS,” AND WITH ALL FAULTS. BRIDGEPOINT DOES NOT GRANT, AND USER DOES NOT RECEIVE, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH USER, OR OTHERWISE. BRIDGEPOINT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR PERFORMANCE, CONCERNING THE SERVICE OR ANY MODIFICATIONS THERETO. WITHOUT LIMITING THE FOREGOING, BRIDGEPOINT GRANTS NO WARRANTY THAT THE SERVICE IS ERROR-FREE, SECURE, OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY. USER ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, BY BRIDGEPOINT IN ENTERING INTO THIS AGREEMENT OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BRIDGEPOINT OR THROUGH THE LICENSED APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

  2. BRIDGEPOINT IS NOT RESPONSIBLE FOR THE CONTENT OBTAINED THROUGH THE SERVICE, INCLUDING THE TITLES, OR USER’S USE OF SUCH CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT THERETO, INCLUDING WITH RESPECT TO ITS ACCURACY OR COMPLETENESS. USER ACKNOWLEDGES AND AGREES THAT ANY CONTENT, MATERIAL OR INFORMATION DOWNLOADED, VIEWED, ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH USE.

  3. IN NO EVENT SHALL BRIDGEPOINT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING LOST PROFITS AND LOSS OF DATA), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, EVEN IF BRIDGEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL BRIDGEPOINT’S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT EXCEED ONE DOLLAR ($1.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Bridgepoint may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bridgepoint’s liability will be the minimum permitted under such law.
 
14. Indemnification
You agree to indemnify, defend, and hold harmless Bridgepoint and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content) that you or anyone using your account submits, posts, or transmits through Service; (b) the use of the Service by you or anyone using your account; (c) the violation of this Agreement by you or anyone using your account; and (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Bridgepoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Bridgepoint in such defense.
 
15. Miscellaneous
  1. Name and Address of Bridgepoint. User questions, complaints or claims with respect to the Program or the Service should be directed to Bridgepoint at the address set forth below:

    Bridgepoint Education, Inc.
    13500 Evening Creek Drive North, Suite 600
    San Diego, CA 92128
    Attention: Editorial Department
    Phone: 866.475.0317
    E-mail: contactus@thuzelearning.com

  2. Independent Contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties. The parties shall at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.

  3. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that jurisdiction over and venue in any legal proceeding arising out of or relating to this Agreement will exclusively be in the state or federal courts located in San Diego, California, and each party expressly consents to personal jurisdiction in California and expressly waives any right to challenge that venue is proper in San Diego, California.

  4. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, provided, however, that User may not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Bridgepoint, and any such attempted assignment shall be void.

  5. Severability. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

  6. Survival. Sections 6 through 15 shall survive the expiration or termination of this Agreement.

  7. Force Majeure. Bridgepoint shall not be liable for failure to perform hereunder due to the inability of User or any other person to connect to the Internet, or any other failure or unavailability of Internet connectivity or availability for any cause whatsoever, fiber optic cable cuts, interruption or failure of digital transmission links, hacker attacks, acts of God or nature, or any other cause beyond the control of Bridgepoint.

  8. Waiver. The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.

  9. Entire Agreement. This Agreement, together with all documents referenced herein, is the entire agreement between User and Bridgepoint, and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof.

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