Terms of Use

Creative Technology

These Terms of Use are effective as of, and were last updated on, April 19, 2022.

IMPORTANT! These Terms of Use govern your use of this site, which is powered by Bisk Education, Inc. (“Bisk”) on behalf of Southern Methodist University (“SMU”). By accessing this site, you are indicating your acknowledgment and acceptance of these Terms of Use. Bisk is the online administrative service provider for SMU. Bisk is authorized to act on behalf of SMU, and at the direction of SMU, pursuant to the terms of the services agreement between the parties, or as may be agreed upon by the parties. All programs mentioned in this website are provided by SMU and governed by its academic policies; Bisk solely provides administrative assistance to support the operations of these programs.

(The term “site” or “website” as used in these Terms of Use includes all versions these internet pages accessed via any electronic device.)

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Bisk believes the information you provide is not correct, current, or complete, Bisk, to the extent authorized by SMU, has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Bisk’s express prior written consent, to the extent authorized by SMU. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Bisk, to the extent authorized by SMU. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Bisk in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from this site (the “Content”) is the proprietary information of Bisk or the party that provided the Content to Bisk, the client for whom this site is operated, or the party that provided the Content to Bisk retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Bisk or the Content owner, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content of Intellectual Property except as expressly provided in these Terms of Use violates the intellectual property rights of Bisk or the party that provided the Content to Bisk. If the Content is used in a manner that violates these Terms of Use, either Bisk or the party that provided the Content to Bisk shall be entitled to bring legal or other appropriate action as necessary to protect all rights to the Content and to seek all remedies available under these Terms of use or at law. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks

This site may be hyper-linked to other sites which are not maintained by, or related to, Bisk or SMU. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Bisk or SMU. Bisk and SMU are not responsible for the content of those sites or damages caused by accessing them. Hyperlinks are to be accessed at the user’s own risk, and Bisk and SMU make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyper-linked to this site. Further, the inclusion of any hype-link to a third-party site does not necessarily imply endorsement by Bisk or SMU of that site. Users must refer to the privacy statements and terms of use policies located on any third-party sites.

Submissions

You hereby grant to Bisk the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Bisk through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Bisk will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Bisk operations.

Electronic Communications

When you visit any of our websites, partially or fully complete forms, or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We may on occasion communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, if you partially or fully complete forms on Bisk’s sites, we may use your contact information for marketing purposes as set forth in our Privacy Policy. If you no longer wish to receive commercial email messages from Bisk, please refer to our Privacy Policy for instructions on how to opt-out.

Live Chat

Information a Live Chat representative provides to you may be protected by copyright law, and you may only use such information for your own personal use.

By using the Live Chat Service, you represent and warrant that:

You are at least 18 years old;
Information you supply does not violate the Terms of Use policy, including but not limited to the “Information You Provide” section, and will not cause injury to any person or entity; and
You will use the information provided by a Live Chat representative for your own personal use only.

Your live chat with a Live Chat representative is not made public on the site and is only seen by you and Bisk. You will not have the ability to edit or delete any information you have submitted. If you wish to correct submitted information, please review and follow the steps of our Privacy Policy to make such changes. Bisk, to the extent authorized by SMU, reserves the right to remove or to refuse to post any information for any reason. You acknowledge that you, not Bisk, are responsible for the information you submit.

Bisk will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Disclaimer

You understand that Bisk cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Bisk does not assume any responsibility or risk for your use of the Internet.

Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. You acknowledge that there is no guarantee of employment, professional licensure or certification attainment, changes in salary or savings to you or your entities as related to any product or service purchased. It is your responsibility to fully investigate any claims discussing potential benefits from any product or service as the applicability of such claims may vary based on numerous factors including but not limited to education level, work experience, timeframe and geographic region, location, or residence. Bisk disclaims any liability for damages, losses or injuries arising out of actions or inactions taken by you based on statements or claims made on this Site, in advertisements or marketing materials, or by its representatives. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Bisk makes no representations and warranties regarding the quality of any site Content, course content, programs, services, or materials (collectively “Materials”) purchased through this site or provided or facilitated by Bisk, and disclaims any liability for injuries, damages or losses arising there from. Bisk is not responsible for and disclaims any liability arising out of or related to the actions or inactions of any persons who deliver the Materials to you.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BISK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT BISK MAKES NO WARRANTY THAT THE QUALITY OF PRODUCTS OR SERVICES PURCHASED BY YOU RELATED TO YOUR USE OF THE LIVE CHAT SERVICE WILL MEET YOUR EXPECTATIONS. BISK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BISK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BISK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY ADVICE OR INFORMATION OBTAINED BY YOU VIA THE LIVE CHAT SERVICE, WHETHER FROM A LIVE CHAT REPRESENTATIVE OR OTHERWISE, IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSIDERED AN AFFIRMATIVE REPRESENTATION OR WARRANTY BY BISK. YOU, AND NOT BISK OR SMU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. YOU, AND NOT BISK OR SMU, ASSUME ALL RISK ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, INTELLECTUAL, PHYSICAL OR EMOTIONAL RISK. BISK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Bisk does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. Bisk disclaims any liability for losses, damages or injuries resulting from acting upon or relying on such information.

Limitation On Liability

BISK AND SMU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BISK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CLIENTS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BISK FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Bisk, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site or arising out of information that you provide to Bisk.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Bisk, SMU or the party that provided the trademarks, service marks, and logos to Bisk. Bisk, SMU, and any party that provided trademarks, service marks, and logos to Bisk retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
includes sensitive personal information such as social security numbers or credit card information belonging to you or others if such information is provided during the Live Chat Service;
may undermine, disrupt or manipulate the integrity of the Live Chat Service, or interfere with or disrupt the servers or networks connected to the Live Chat Service;
you will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity; and
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive to others, including sales representatives, Live Chat representatives, fellow students, faculty or staff members;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
disrupts the educational environment through harassing or inappropriate dialogue or frequency of posts;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Bisk reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that Bisk will not assume or have any liability for any statements, representations or content provided by you or any other users of the site, or have any liability for any actions or inactions by Bisk with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Bisk will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Bisk considers insecure, Bisk will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bisk reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Bisk reserves the right to investigate suspected violations of these Terms of Use.

Bisk reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bisk to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BISK AND SMU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BISK OR SMU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BISK, SMU, OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and Bisk arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state courts in Hillsborough County, Florida. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Bisk, to the extent authorized by SMU, may revise these Terms of Use at any time by updating this posting.