Terms and Conditions
(Last updated: January 1, 2020)
- Legal Entity. The Potter’s School is a registered U.S. 501.c.3 non-profit corporation (EIN: 91-1921692) established in 1997 and incorporated in 1998. The U.S. state of incorporation is Virginia, with business registration in all 50 U.S. states. For corporate matters only (not academic or customer matters), the corporate address is: 8279 Raindrop Way, Springfield, VA 22153. Corporate phone/fax: 703-690-3516. For all academic and customer matters, contact information is found on the Contact page.
- Informational Purposes Only. The information on these Sites is for informational purposes only. Without limiting anything else in these Terms or otherwise, TPS is not responsible for any errors or omissions in the Sites or Site Materials.
- Proprietary Rights. TPS owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (referred to herein as “Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to TPS or its affiliates, licensors, or suppliers. Use of a trademark does not imply endorsement by the trademark holder. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- Courses, Transcripts and Academic Guidance. TPS is an on-line school for independent students worldwide. TPS does not guarantee, represent or imply that our courses, transcripts or academic guidance satisfy the educational requirements, compulsory or voluntary, of any particular country, state, district or region. You must make these determinations and decisions for your individual context and requirements, and you bear full responsibility and all liability for academic decisions and enrollments. Participation in and use of our courses, transcripts and academic guidance is entirely at your own risk. TPS offers all courses “as is”, and with respect to the courses, TPS and its licensors make no representations or warranties, and disclaim all representations and warranties, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, non-interference, quality, title, and non-infringement. Any and all risk as to satisfactory quality, performance, accuracy, completeness and effort with regard the courses, transcripts and academic guidance is with you.
- Tuition, Fees, Payments, Receipts and Refunds.
- Tuition and Fees. Costs of courses (“Tuition and Fees”) are listed with the details of each course in our Course Catalog. Other fees, including the non-refundable Registration Fee, associated with enrollment are explained on the Tuition, Fees, Payments and Refunds information page. Prior to enrollment in a particular academic year, you must review and acknowledge the Enrollment Agreement for that year.
- Payments and Donations. All payments must be made by you — TPS does not use automatic payments. With each payment you are required to review and acknowledge the current invoice, total balance, donation amount (if any) and Refund Policy.
- Receipts. Receipts are provided for payments and donations only as listed on our Billing and Receipts page.
- Refunds. Except in cases where TPS explicitly agrees in writing that a refund was directly generated by our cancellation of a course, refunds are always subject to and limited by deadlines, pro-rates and fees. Refund conditions and fees are listed on our Refund Policy page. Course quit deadlines are listed on our Audit and Drop Options page. Donations are not refundable.
- Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with TPS; (c) attempting to gain unauthorized access to TPS servers or systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any Services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of TPS is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to TPS and that in the event of such unauthorized use, TPS shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Third Party Web Sites and Content. The Site is available for informational purposes only. The Site may contain links to other web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. TPS does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party website is at your own risk, and subject to the terms and conditions of such other websites. TPS does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
- Site and Service Reliability. TPS uses extraordinary efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site and Services may be interrupted or unavailable. TPS will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that TPS shall not be liable to you for any modification, suspension or discontinuance of the Site or Services.
- Privacy. Any personal information that you provide to TPS on the Site is subject to and supported by the provisions of our Privacy and Security Policy. For more information, click here to view the Privacy and Security Policy, which is incorporated into these Terms by reference as if set forth fully herein. Please be advised that while TPS makes reasonable and responsible effort to protect private information, the confidentiality of any communication or material transmitted to TPS cannot be guaranteed by TPS, particularly in the process of transmission.
- Safety and Security. Any use of the Site or Services is subject to our Privacy and Security Policy. For more information, click here to view the Privacy and Security Policy, which is incorporated into these Terms by reference as if set forth fully herein. While TPS makes reasonable and responsible effort to protect online safety and security, these cannot be guaranteed by TPS and are fundamentally and ultimately your responsibility with your acceptance of full liability.
- Disclaimer. TPS, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. TPS reserves the right to immediately remove any Site Materials for any reason or for no reason. TPS may review, verify, make changes to or remove any Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials and Services.THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS”. USE OF THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. TPS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- Limitation of Liability. TPS and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, Services, products, data and other materials on, in and made available through the Site, regardless of legal theory, whether or not you or TPS had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of TPS and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials on, in and made available through the Site, or the services, products, data or other materials offered in connection therewith exceed the price paid by you during the current academic year for use the services and products.
- Indemnification. You shall indemnify TPS and its directors, officers, employees, agents, contractors and licensors (“TPS Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, the services, products, information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall indemnify and hold TPS Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees and attorney disbursements) arising out of or incurred in connection with such Claims.
- Reporting Possible Violations. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify TPS by email at [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable.
- Changes and Termination. TPS reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. TPS may suspend or terminate your account and/or your ability to use the Site, or any Services on the Site, for failure to comply with these Terms, for providing TPS with untrue or inaccurate information about yourself, or for infringement upon TPS proprietary rights.