Terms of Service
In this terms of service agreement, reference to Novus University shall also be and refer to Novus University/Novus Law School. It is stated that reference to Novus University/Novus Law School shall apply as Novus Law School equally and shall be written as Novus University/Novus Law School. While Novus University/Novus Law School takes reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Novus University/Novus Law School be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your information or registration data, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Novus University/Novus Law School as given actual or constructive notice that damages were possible.
Limitation of Liability
Novus University/Novus Law School and its service providers shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Novus University/Novus Law School or its service providers have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. In no event will Novus University/Novus Law School and its service providers ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under other fault or wrongdoing by Novus University/Novus Law School or its service providers or any person for whom either Novus University/Novus Law School or its service providers are responsible, in an amount exceeding the amount you paid to Novus University/Novus Law School for the use of the service which is the subject of the claim.
Degree Granting Education Corporation
Novus University is incorporated under the laws of the Marshall Islands. Novus University is a private postsecondary degree granting educational corporation and all degrees are granted by Novus University of the Marshall Islands, under its corporate charter and the authority of its board of directors. Novus University/Novus Law School offers instruction online only and web-based and not in any country, state or political entity. Novus University/Novus Law School is not accredited by the American bar association.
Dispute Resolution (the “Arbitration Clause")
This agreement provides that all disputes between you and Novus University/Novus Law School will be resolved by binding arbitration and not in court or by jury trial. If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against Novus University/Novus Law School including any right to class arbitration or any consolidation of individual arbitrations. Without limitation, this includes giving up your rights to bring or participate in a class action as set forth in the Wisconsin consumer act.
(the "Arbitration Clause") In the event of a dispute, you and Novus University/Novus Law School agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: The American Arbitration Association, 335 Madison Ave., floor 10, New York, NY 10017-4605 (www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Novus University/Novus Law School shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, Novus University/Novus Law School will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Novus University/Novus Law School will pay additional arbitration expenses to the extent that the arbitrator determines that Novus University/Novus Law School must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties. The federal arbitration act, and not any state arbitration law, governs all arbitration under this arbitration clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this arbitration clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
If you breach any provision of this agreement, you may no longer use the educational services. Novus University/Novus Law School may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If Novus University/Novus Law School terminates this agreement for any reason, it continues to apply and bind you with respect of your prior use of the service, including payment of any charges accrued in connection with use of the service. Upon termination, Novus University/Novus Law School may remove from the website and permanently delete and destroy any member content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
You hereby release, remise and forever discharge Novus University/Novus Law School and its service providers and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the educational service, degree or certificate.
Disclaimer of Warranties
You expressly agree that use of the educational services provided by Novus University/Novus Law School is at your own risk. Novus University/Novus Law School provides educational services on an "as is" basis. Novus University/Novus Law School disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Novus University/Novus Law School makes no warranty that the educational services, degrees and/or certificates furnished will meet your requirements, or that educational services or degrees will be accepted by any third party, corporation, business, state, country, government agency, bar association, state bar, national bar, government licensing department, educational institution or any person, private or government entity of any kind or that the educational services will be uninterrupted, timely, secure, or error free; nor does Novus University/Novus Law School make any warranty as to the results that may be obtained from the use of the educational services, degrees or certificates. Novus University/Novus Law School does not guarantee your personal or professional satisfaction with educational services, degrees, certificates or that educational services, degrees or certificates meet any other standards other than those established by Novus University/Novus Law School. Novus University/Novus Law School does not guarantee the confidentiality or privacy of any of user's information registration data, or as to the accuracy or reliability of any information obtained through the educational services of Novus University/Novus Law School. Any material or data downloaded or otherwise obtained through, the use of any service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. Novus University/Novus Law School does not guarantee transactions entered into through the service and is not responsible for any use of confidential or private information by merchants or other users. No advice or information, whether oral or written, obtained by you from Novus University/Novus Law School or through the service, shall create any warranty not expressly made herein.
You agree to indemnify and hold Novus University/Novus Law School, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, the violation of this agreement by you, or the infringement by you, or other user of the service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. Novus University/Novus Law School and its service providers assume no responsibility whatsoever for such content or actions.
Excepted as noted should be given to:
The Trust Company of the Marshall Islands
Trust Company Complex
PO Box 1405
Marshall Islands MH 96960-3551
Novus University is incorporated under the laws of the Marshall Islands and this agreement and terms of service are entered into under the laws of the Marshall Islands, an independent republic and member of the united nations this agreement comprises the entire agreement between you and Novus University/Novus Law School and supersedes all prior agreements regarding the subject matter contained herein. Novus University/Novus Law School may amend the terms and conditions of this agreement (the "amended terms") from time to time. If you continue to use the service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the service. Your continued use of the service constitutes an affirmative: (a) acknowledgment by you of this agreement and its amended terms; and (b) agreement by you to abide and be bound by the agreement and its amended terms. Except as set forth below, you must make all notices to Novus University/Novus Law School in writing via conventional mail or e-mail addressed to president@Novus.edu
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.