Welcome to Acadeum!
This Terms of Service applies to your use of:
(1) Acadeum Course Share (“ACS”), a course sharing platform that connects students witih colleges and universities to democratize the education experience, (2) Acadeum Skills Marketplace (“ASM”), an integrated online marketplace and storefront that connects sellers of online courses and certificate programs with students to democratize the education experience, and (3) any products, services, websites or platforms to which this Terms of Service are affixed. ACS and ASM are online platforms owned and operated by College Consortium, Inc., doing business as Acadeum (“Acadeum”). By using ACS and/or ASM, or otherwise accessing, viewing or using any products, services, websites or platforms to which this Terms of Service are affixed, you agree to this Terms of Service. If you do not agree with this Terms of Service, please discontinue using ACS, ASM or any products, services, websites or platforms to which this Terms of Service is affixed.
For purposes of this Terms of Service, ACS, ASM and the products, services, websites or platforms to which this Terms of Service is affixed shall be hereinafter collectively referred to as the “Platform”.
This Terms of Service will change over time. If we make minor changes to the Terms of Service without materially changing your rights, we will post the modified Terms of Service on the Platform. We will notify you by email, through the Platform, or by presenting you with an updated Terms of Service to accept if we make a modification that materially changes your rights. When you use the Platform after a modification is posted, you are accepting the modified Terms of Service.
If you are an authorized representative of an entity that has a written agreement with Acadeum, then to the extent there is any conflict between this Terms of Service and such written agreement, the provisions in your separate written agreement apply.
You may be required to create an account to use the Platform. You can create an account on ACS as a student seeking to enroll in a course or program offered via ACS. You can also create an account on ACS or ASM) as an authorized representative (or administrator) of your organization seeking to utilize the services and/or benefits of ACS or ASM. You agree not to misrepresent any information about yourself or your organization in creating or using an account.
Creating a Student Account Associated with your Academic Institution: To create a Student Account, you must be at least 16 years old. You may create your Student Account because you are a student that matriculates at an academic institution that participates in ACS. Your academic institution may use ACS to enable you to enroll in courses or programs offered via ACS. When your academic institution subscribes to ACS, they send us personal information about their students so that Acadeum can provide the benefits and services relating to ACS. Your academic institution (or Acadeum) will send you an email with information about how to activate your Student Account. After you do so, and we confirm your association with such academic institution, we pre-populate some areas of your profile with information your academic institution has provided. We encourage you to review this information for accuracy and completeness. If any inaccuracies are found, please update the information with your academic institution.
Creating a Student Account Associated with Your Employer: You may create a Student Account because you are an individual that is employed by an entity that participates in ACS. Your employer may use ACS to enable you to enroll in courses and programs offered on ACS. When your employer subscribes to use ACS, they send us personal information about their employees so that Acadeum can provide the benefits and services relating to ACS. Your employer (or Acadeum) will send you an email with information about how to enable your Student Account. After you do so, and we confirm your association with such employer, we pre-populate some areas of your profile with information your employer has provided. We encourage you to review this information for accuracy and completeness. If any inaccuracies are found, please update the information with your employer.
Creating an Account as an authorized representative (or administrator) of your Organization: To create an account on behalf of your organization, (i) your organization must have a written agreement with Acadeum to access and utilize the Platform and (ii) you must be approved by your organization to act on its behalf. In creating your organization’s account, you may include contact information, such as name, phone number and email address, that will be made available on the organization’s account. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery. By creating an account on behalf of our organization, your organization may have access to information provided by students who enroll in a course or program offered by your organization or other organizations that utilize the Platform.
Acadeum is excited to offer as many course and program opportunities to students as possible, including those offered by our partners. However, we do not permit any organizations to bulk collect student data or other marketplace information through the use of automated scripts (“scraping”), or similar or other technologies or methodologies. To protect our users and their data privacy, moreover, you may not use the data of students or other users for the purpose of marketing any educational or employment opportunities other than the course or program the applicant applied to through the Platform. For the same reason, you may not store any student’s or other user’s data for the purpose of (1) marketing educational or employment opportunities to the applicant in the future; or (2) allowing any third party to use the data for marketing or any other reason. Your third-party partners are also prohibited from requiring students to create an account on a third-party platform unaffiliated with your entity.
Any violation of these Terms of Service, at our discretion, may result in suspension or termination of your organization’s account(s) associated with you.
As an account holder, whether for your individual Student Account or as a representative of your organization, you agree that any information you provide through your account registration is accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy. You also agree not to use the Platform to send spam or other unauthorized communications, and you agree not to use any collected personal information or student data for purposes not authorized by Acadeum or in violation of any agreement with Acadeum. These prohibitions are addressed in further detail below. You may have the ability to contact individuals or organizations directly through the Platform. By using the Platform, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.
You are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Platform. You are responsible for all content you upload to the Platform. You agree not to use the Platform for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud. You agree you will not attempt to restrict another user from using or enjoying the Platform and you must not encourage or facilitate violations of these Terms of Service.
Acadeum reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Acadeum’s sole discretion.Acadeum reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Acadeum to disclose the identity of anyone uploading, posting or making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ACADEUM AND ACADEUM PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACADEUM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ACADEUM OR LAW ENFORCEMENT AUTHORITIES.
We want Acadeum to be a platform where our partners can connect with students and other users in a way that is productive for all involved. To that end, we do not allow you to use the Platform to send unsolicited marketing messages or broadcasts (i.e., spam). Spam can take many forms, and our rules are meant to address a wide range of inappropriate content or messaging, including without limitation:
- Unsolicited messages that aim to drive traffic or attention from the Platform to accounts, websites, products, services, or initiatives not directly related to a job opportunity posted on the platform;
- Bulk or repeated identical messages, or high-volume messages with a low student response rate;
- Messages that fail to comply with applicable anti-spam laws and regulations.
If we determine that you have sent spam or other unauthorized content, we may take any action we deem necessary to protect our users’ experience or the Platform, including demanding that you cease violating these Terms of Service, suspending your messaging privileges, or suspending or terminating your account(s).
General Guidelines for Students, Academic Institutions, and Employers
The Content You Submit Belongs to You
Acadeum does not claim ownership of any content that you post on or through the Platform. By making your content available on or through the Platform, you grant to Acadeum a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content only in connection with operating and providing the Platform, improving the Platform, developing new products and services, and for reporting purposes.
You are responsible for your content. You represent and warrant that you own your content or that you have all rights necessary to grant us a license to use your content as described in these Terms of Service. You also represent and warrant that your content and the use and provision of your content on the Platform will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
Our Intellectual Property Belongs to Us
The material, information and content accessible via the Platform or contained in any other website owned, operated, licensed, or controlled by Acadeum, excluding content posted or uploaded by you (collectively “Acadeum Content”) is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Acadeum, we own and retain all rights to the Acadeum Content and the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Acadeum Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our content.
The Acadeum name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Acadeum, and may not be copied, imitated or used, in whole or in part, without prior written permission.
We reserve the right to suspend or terminate your account(s) for violation of these Terms of Service or any other policies associated with the Platform.
Account and Platform Security and Integrity
Acadeum is dedicated to ensuring secure environments and follows a principle of least privilege for information security. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.
By using the Platform, you agree not to change or modify the Platform to falsely imply that it is associated with another website. Creating accounts through unauthorized means, including scripts, bots, or automated crawlers is prohibited, as is collecting content through crawling, scraping, or caching of user profiles without our express consent.
You must not attempt to restrict another user from using or enjoying the Platform and you must not encourage or facilitate violations of these Terms of Service or any other Acadeum terms.
You are solely responsible for your interaction with other users of the Platform, whether online or offline. You agree that Acadeum is not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you upload content or any personal or other information.
Third Party Links
The Platform contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Acadeum’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Violation and Enforcement of These Terms
We reserve the right to refuse access to the Platform to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms of Service.
Acadeum’s Role in the Skills Marketplace (ASM)
Acadeum allows third-party sellers (i.e. Merchants) to offer and sell their own education products (i.e. online courses and certificate programs), as well as resell education products of third parties (i.e. Partners), using ASM. The student or learner (i.e. Customer) is the end user of the education product.
Acadeum does not own, create, sell, resell, provide, control, offer or deliver educational products contained therein. The relevant merchant or partner is indicated on the description of the education product. While Acadeum helps facilitate transactions that are carried out on ASM, Acadeum is not a buyer or seller in any transaction involving the merchant’s education programs or any other transaction among users of ASM.
Acadeum provides an avenue for Merchants, Partners and Customers to negotiate and complete transactions. Accordingly, the contract agreed to by the sellers and buyers regarding the education products is solely between the buyer and seller. Acadeum is not a party to this contract and does not assume any responsibility arising out of or in connection with the contract and/or the transaction. Acadeum does not act as an agent for the buyer or seller. The seller is solely responsible for the sale of their education products and the buyer is solely responsible for the purchase of the education products.
By using ASM, buyer and seller (whether a Merchant, Partner or Customer) acknowledge that in the event of a dispute between a buyer and seller, Acadeum is not a party to any transaction among the parties and therefore will not participate in any such dispute, except as follows. Buyer and seller acknowledge and agree that Acadeum may not, upon receiving notice of a dispute from either party, cancel the transaction. In such an event buyer and seller acknowledge and agree that neither party shall have any cause of action against Acadeum and in the event either party should pursue litigation against Acadeum the non-litigating party shall hold Acadeum harmless in accordance with this Terms of Service.
Acadeum is not responsible for:
(a) the existence, quality, suitability of legality of an offered education product;
(b) the truth, accuracy or completeness of the information contained in an offering;
(c) the future performance of an offered education product;
(d) the performance or conduct of a buyer or seller or third-party on ASM; and/or
(e) the quality, suitability or ability of a third party which provides education products to Acadeum or to a buyer or seller.
The decision to purchase an offered education product shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an education product and all information in an offering. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that offered education product and the price you are willing to pay. You understand that Acadeum may display only a summary description of an offered education product.
You warrant and represent to Acadeum and to each Customer that:
(a) you own the education product or are entitled to sell the education product, including through ASM;
(b) if you own the education product, you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the education product,
(c) the education product is marketable; and
(d) any and all agreements with third parties are transferable to each Customer.
You must not create an offering for an education product which is:
(a) is obscene, vulgar and/or deemed by Acadeum to be offensive;
(b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;
(c) is engaged in activities which contravenes law of any territory; or
(d) Acadeum deems inappropriate or in breach of these Terms of Service.
You must conduct all inquiries into and discussions about an offering education product through the ASM unless expressly authorized by Acadeum. You must not circumvent Acadeum. If you make or accept payment for an offered education product, Acadeum is entitled to a processing fee from the seller.
Acadeum is continually improving the Platform, and we may occasionally offer special features or functionality which include additional terms or conditions. If any of the additional terms or conditions conflict with this Terms of Service, the additional terms and conditions control.
Reporting Copyright and Other IP Violations
We respect other people’s rights and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
The Platform, including, without limitation, Acadeum Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permitted by law, neither Acadeum nor any of its employees, officers, directors or agents (collectively “Acadeum Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Platform; (b) Acadeum Content; (c) user content; or (d) security associated with the transmission of information to Acadeum or via the Platform. In addition, the Acadeum Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Acadeum Parties do not represent or warrant that the Platform will be error-free or uninterrupted; that defects or errors will be corrected; or that the Platform or the server that makes the Platform available is free from any harmful components, including, without limitation, viruses. The Acadeum Parties do not make any representations or warranties that the information (including any instructions) on the Platform is accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk. The Acadeum Parties do not warrant that your use of the Platform is lawful in any particular jurisdiction, and the Acadeum Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.
By accessing or using the Platform, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.
The Acadeum Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Visiting the Platform or sending emails to Acadeum constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or via the Platform, satisfy any legal requirement that such communications be in writing.
Users hereby give any consents required by law for the Platform to operate as set forth in these Terms of Service.
Limitation of Liability; Waiver
Under no circumstances will the Acadeum Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Platform; (b) Acadeum Content; (c) user content; (d) your use of, inability to use, or the performance of the Platform; (e) any action taken in connection with an investigation by Acadeum Parties or law enforcement authorities regarding your or any other party’s use of the Platform; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Platform’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Acadeum Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Platform). In no event will the Acadeum Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Acadeum Parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Acadeum’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Acadeum Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Acadeum Parties.
Acadeum is not responsible for the actions, content, information, or data of third parties, and you release us and all Acadeum Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
The Platform is controlled, operated and administered by Acadeum from our offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use the Acadeum Content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Unless prohibited by law, you (and also any third party for whom you operate an account or activity on the Platform) agree to defend, indemnify and hold harmless the Acadeum Parties from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform or those conducted on your behalf): (i) your content or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Acadeum in the defense of any claim. Acadeum reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Acadeum.
You agree that any dispute between you and Acadeum arising out of or relating to these Terms of Service, the use of the Platform, or any other Acadeum products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Acadeum, you agree to try to resolve the Dispute informally by contacting us at IT@acadeum.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Acadeum may bring a formal proceeding.
We Both Agree to Arbitrate: You and Acadeum agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
No Class Actions: You may only resolve Disputes with Acadeum on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Acadeum agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Travis County, Texas. Both you and Acadeum consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Governing Law & Venue
These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You and Acadeum agree that any judicial proceeding relating to these Terms of Service or any other dispute between you and Acadeum will be brought in the federal or state courts of Travis County, Texas. Both you and Acadeum consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. Acadeum’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you are using the Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Acadeum and governs your use of the Platform, unless you have a separate signed agreement with Acadeum.
You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Acadeum. Any purported assignment or delegation by you without the appropriate prior written consent of Acadeum will be null and void. Acadeum may assign these Terms of Service or any rights hereunder without your consent.
Acadeum welcomes your questions or comments regarding the Terms of Service:
College Consortium, Inc., dba Acadeum
2028 E. Ben White Blvd., #240-6351
Austin, Texas 78701
Effective as of January 1, 2024