Legal Information

BHA Education Consultants Web-Site Agreement

This Agreement sets forth the terms and conditions which apply to your use of the BHAEducation.com Web Site (the “Site") and any other product or service provided by BHA Education Consultants, LLC. ("BHA") through the Site.

1. Definitions. The Site is the online information and interactive service operated by BHA on the World Wide Web of the Internet.

2. Use of the Site. Access to and use of the Site is subject to the terms and conditions of this Agreement and Copyright Notice and all applicable laws and regulations, including but not limited to, laws and regulations governing copyright and trademark. By accessing the Site, you accept, without limitation or qualification, all of the terms and conditions in this Agreement. BHA (and any of its subsidiaries, affiliates, employees, agents, third party content providers, assignees, licensors (and their respective directors, officers, employees, authorized representatives, and agents) reserve the right to change, modify or revise these terms and conditions and any aspect or feature of the Site, at any time. The changes will appear on this screen and shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Site a revised version of this Agreement and notification by electronic or conventional mail. You agree that any use of the Site after such notice shall conclusively be deemed to constitute an acceptance of such changes. You agree to review the terms and conditions periodically to be aware of such changes. By using the Site, you agree in advance to accept any changes.

3. Copyright Trademarks, Proprietary Rights. The materials used and displayed on the Site including but limited to text, copyrighted material, software, photos, video, music and sound, graphics, illustrations, trademarks and service marks and other proprietary information and the entire content of the Site are the property of BHA (and any of its subsidiaries, affiliates, employees, agents, third party content providers, assignees, licensors (and their respective directors, officers, employees, authorized representatives, and agents) and are protected by copyright, trademark, intellectual property, and other laws. Any such content may be displayed solely for your personal, non-commercial use. BHA owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You agree not to modify, copy, reproduce, publish, transmit, broadcast, disseminate, sell, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part without the express-written permission of BHA and any other copyright owner. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Site will be permitted without the express-written permission of BHA and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge and understand that you may not not acquire any ownership rights by downloading copyrighted material. You agree that you shall be solely liable for any damages resulting from any alleged or actual infringement or misappropriation of copyrights, proprietary rights, or any other harm resulting from any uploading or submission.

You hereby agree to grant BHA a royalty-free, world-wide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, sublicense, publish, translate, create derivative works from, distribute, perform and display any material or information submitted to (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

3.1 Trademarks. BHA Education Consultants, the BHA Education Consultants logo, BHA Education Consultants - The Wise Choice, and Ivy League Student Network are trademarks of BHA Education Consultants, LLC.  All other trademarks or service marks on this site are the property of their respective owners, including, in some instances, BHA.

4. Links to Other Sites. Information that BHA publishes on the World Wide Web of the Internet may contain links to other sites. BHA makes no representations about any other web site that you may access through this site. Unless expressly stated in writing, BHA does not endorse the products or services offered by any company or person linked to this site nor is BHA responsible for any software or the content of any information published on the site of any other party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

5. Disclaimer of Warranties & Limitations of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BHA NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, ASSIGNEES, LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AND AGENTS) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, SUBMISSIONS, OR POSTING RESPONSES PROVIDED THROUGH THE SITE. ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BHA (OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, ASSIGNEES, LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR TRANSACTIONS PROVIDED ON OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION, MATERIAL, POSTINGS, POSTING RESPONSES, TRANSACTIONS ON OR DOWNLOADED FROM THE SITE. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BHA (AND ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BHA (OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AND AGENTS) TO EXCEED THE AMOUNT PAID BY YOU TO BHA DURING THE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BHA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Professional Advice.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE WILL BE USED FOR INFORMATIONAL AND INTERACTIVE PURPOSES ONLY.  BHA IS ENGAGED IN EDUCATION CONSULTING   SERVICES.   THE SITE IS NOT ENGAGED IN RENDERING ANY PROFESSIONAL SERVICES OR ADVICE, INCLUDING BUT NOT LIMITED TO, LEGAL, ACCOUNTING, MEDICAL, MARRIAGE, COUPLES, AND CHILD COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOU SHOULD NEVER DISREGARD PROFESSIONAL SERVICES OR ADVICE BECAUSE OF SOMETHING YOU HAVE READ HERE.  SHOULD LEGAL, ACCOUNTING, MEDICAL, COUNSELING , OR ANY OTHER PROFESSIONAL ASSISTANCE BE REQUIRED, THE SERVICES OF A QUALIFIED PROFESSIONAL SHOULD BE SOUGHT.

7. Monitoring. You acknowledge and agree that BHA shall have the right to use questions, comments and postings submitted to the Site without liability and for any purpose without compensation, unless expressly written. Any communication or material you post or submit to the Site is, and will be treated as, non-confidential and non-proprietary. You agree that you shall have no recourse against BHA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BHA. You assume full responsibility for anything you post or submit, and you grant BHA, (and any of its subsidiaries, affiliates, employees, agents, third party content providers, assignees, licensors (and their respective directors, officers, employees, authorized representatives, and agents) the right to edit, copy, reproduce, exhibit, transform, display, create derivative works, refuse to publish, publish and distribute any information or content you post or transmit for any purpose without limitation. You also grant to BHA the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You should be aware that if you voluntarily disclose personal information (e.g., user name, e-mail address) that information can be collected and used by others and may result in unsolicited messages from other parties.

8. Indemnification. You agree to indemnify, defend and hold harmless BHA, (and any of its subsidiaries, affiliates, employees, agents, third party content providers, licensors (and their respective directors, officers, employees, authorized representatives, and agents) from and against all claims, liability, losses, expenses, damages and costs, including reasonable attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach or violation of any provision of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site. BHA reserves the right right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any claim.

9. Fees and Payments. You will pay BHA for all fees, charges, and applicable taxes associated with the Site, where applicable, in accordance with the current rates, payment terms, and policies specified by BHA. You acknowledge that you will pay BHA all such fees, charges, applicable taxes, where applicable, using your credit card or other means, whether made by you personally or by someone in your household or organization. If you are using a credit card, you certify that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Service.

10. Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of sections: 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11shall survive any termination of this Agreement.

11. Miscellaneous. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supercedes all prior understandings and agreements between the parties, whether written or oral. No waiver of any provision herein shall be deemed or shall constitute a waiver of any other provision of this Agreement. In the event that any provision of this Agreement shall be determined to be unenforceable or voidable, all other provisions of this Agreement shall remain in full force. The section headings in this Agreement are inserted for convenience only and shall not be to define, limit or describe the scope of this Agreement or any of the obligations herein. This Agreement and all questions concerning this Agreement, including but not limited to, validity, capacity of parties, effect, interpretation and performance shall be governed by and construed in accordance with the laws of the State of Connecticut. This Agreement shall be binding upon and inure to the benefit of BHA and its successors, trustees, and permitted assigns. BHA may assign this Agreement, or any of its rights or obligations under this Agreement to any party at any time without notice to you. Any such assignment by BHA does not relieve you of your obligations under this Agreement.