Welcome to the online University. Harland Educational Services (HES) and its partners/affiliates provide their services to you subject to the following conditions. If you subscribe to an online University from HES, you accept these conditions. Please read them carefully. In addition, when you use any current or future HES service/product (e.g., CUEST, Training CDs) or visit or purchase from any of our partners, you also will be subject to the guidelines and conditions applicable to such service or business.
This Agreement will renew automatically after the Initial Term for additional consecutive one (1) year terms (each a “Renewal Term”), unless either party at least thirty days (30) prior to the expiration of the then-current term provides written notice to the other party that the Agreement shall not renew. Buyer may terminate this Agreement without penalty with at least thirty days (30) prior written notice to the anniversary of the each Effective Date.
All content included on the online university, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Harland Educational Services or its content suppliers and protected by United States and international copyright laws. The compilation of all content in the online university is the exclusive property of HES and protected by U.S. and international copyright laws. All software used on the university is the property of HES or its software suppliers and protected by United States and international copyright laws.
CUU, BankU and other marks indicated on the online university are registered marks of Harland Educational Services or its subsidiaries, in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names are marks or trade dress of HES or its subsidiaries. The online university’s marks and trade dress may not be used in connection with any product or service that is not HES’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Harland. All other marks not owned by Harland or its subsidiaries that appear on the online university are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HES or its subsidiaries.
HES grants you a limited license to access and make personal use of the online university and not to download (other than page caching) or modify any portion of it, except with express written consent of HES. This license does not include any resale or commercial use of the online university or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of CUU, BankU or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the online university may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HES and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the online university’s name or trademarks without the express written consent of HES. Any unauthorized use terminates the permission or license granted by HES. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the online university so long as the link does not portray HES, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CUU or BankU logo or other proprietary graphic or trademark as part of the link without express written permission.
Any software that is made available is the copyrighted work of Harland Educational Services and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CUU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from the online university for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable.
Elements of Credit Union University and Bank University, including site design and layout, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HES website may be copied or retransmitted unless expressly permitted by Harland Educational Services. HES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON ONLINE UNIVERSITIES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
HES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CUU AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON CUU AND BANKU COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL HES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM CUU OR BANKU.
If you use an online university from HES, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HES and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Because our customers’ privacy is important to us, online universities from HES operate by these principles:
We explicitly ask when we need information that personally identifies you (“Personal Information”). We use your Personal Information to operate the online universities, and we may occasionally inform you of new features, services, and products from HES. In all cases, we will explicitly inform you as to the requirement and/or use of requested Personal Information. We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Sites to relate your use of the Sites to information that you have specifically and knowingly provided to the Sites.
All notices given hereunder shall be sent by receipted delivery service or facsimile to the address indicated in the University Annual Service Agreement.