Disclaimer: Smarter by 1 Degree cannot guarantee the final cost of your degree at Excelsior University or Thomas Edison State University. The pricing listed on our website & degree plan is based on the current course price as well as the University tuition and fees. The University or course provider can update their pricing or requirements at any time; Smarter by 1 Degree is not responsible or liable for these changes. Once you are enrolled at the university, you are locked into the degree price. Crestpoint University will allow you to apply and lock in the degree price immediately.

Dispute Resolution

Negotiation:

In the event of any dispute or disagreement arising under or in connection with this agreement, the parties agree to make a good-faith effort to resolve the dispute through negotiations between the involved parties or designated representatives.

Mediation:

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to participate in non-binding mediation. The mediator shall be selected by mutual agreement or, if an agreement cannot be reached, by the Company. The costs of mediation shall be shared equally by the parties.

Arbitration:

If the dispute is not resolved through mediation, the parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of an arbitration service selected by the Company, by a single arbitrator appointed in accordance with those rules. The arbitration proceedings shall be held inDallas, TX, unless otherwise mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding on both parties.

Costs of Arbitration:

The costs of arbitration, including the fees of the arbitrator, shall be borne by the party against whom the arbitration decision is rendered unless the arbitrator directs otherwise.

Legal Action:

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the unauthorized use or disclosure of confidential information, intellectual property infringement, or any other violation of the rights of the parties.

Governing Law:

This dispute resolution section shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles.

Waiver of Jury Trial:

To the fullest extent permitted by law, the parties hereby waive their right to a trial by jury for any dispute arising out of or related to this agreement.

Notices:

Any notices required or permitted by this dispute resolution section shall be in writing and delivered by certified mail, or email if no mailing address is known to the addresses specified in the agreement.

Legal Compliance

This agreement and all transactions hereunder shall be governed by, construed, and enforced in accordance with the laws of the state of Texas without regard to its conflict of law principles.

The parties shall comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of their obligations under this agreement, including but not limited to laws related to data protection, consumer protection, and consumer rights.

The parties shall comply with all intellectual property laws and regulations. The client acknowledges that unauthorized use of any intellectual property belonging to the business is strictly prohibited.

The business shall take all reasonable steps to protect the privacy and confidentiality of any personal information collected in the course of providing products or services. The parties shall comply with applicable data protection laws, including but not limited to GDPR.

Businesses that provide payment collection services or other collection services may have their own privacy and confidentiality policies; the Company does not transfer or sell your information to any other parties and is not responsible for the handling of your information by third-party services. Please refer to the policies for Stripe, Canvas, Coopersmith, and your selected university or college.

The parties agree to comply with all terms and conditions outlined in this agreement. Failure to adhere to the terms of this agreement may result in termination of the agreement in accordance with the provisions herein.

In the event of a change in laws that materially affects the performance of this agreement, the parties shall negotiate in good faith to amend the agreement to ensure compliance with the new legal requirements.

Each party acknowledges that it has had the opportunity to seek independent legal advice regarding the terms and implications of this agreement and has either obtained such advice or voluntarily chosen not to do so.

If any provision of this agreement is found to be invalid or unenforceable, such provision shall be severed from the agreement, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.