Terms of Use

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Website Users other than EConnect Users and ESource Users

These Terms of Use (“Terms“) apply to all users of this Website, including both administrators and users (“you“) of this website, any related phone apps, and any related social media accounts (the “Website”). These Terms include our Privacy Policy.

Services Offered

We offer the following services (the “Services“) on the Website:

  • your ability to browse the Website; and
  • your ability to request and interact with us in connection with the services that we may offer to you.

Binding Agreement; Revisions

These Terms constitute a binding agreement between you and Auguste Escoffier Global Solutions, LLC, which is owned by Triumph Higher Education Corporation (“we,” “us,” and “our”), and you accept these Terms each time that you use or access the Website or its content or otherwise use our tools or our Services.

We may revise these Terms from time to time. If we make any revisions, they will become effective when we post the modified version of these Terms on our Website. By visiting our Website or using our Services after we have posted revisions, you accept those revisions. The date at the end of these Terms indicates when they were last updated.

These Terms will remain in full force and effect while you are a user of the Website. We may pursue all of our legal remedies upon any breach by you of these Terms. Even after you are no longer a user of the Website, certain provisions of these Terms will remain in effect, including “Binding Agreement; Revisions,” Use of our Website; Services and Content; Consequences of Violating These Terms,” “Terms Applicable to All Users,” “Ideas,” “Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement,” “Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property,” “Liability Disclaimers,” “Disclaimer of Warranties,” “Disclaimer of Consequential Damages,” “Limitation of Liability,” “Class Action Waiver,” “Links to Other Sites,” and “Indemnity.”

Use of our Website; Services and Content; Consequences of Violating These Terms

If you choose to register with the Website, you will be asked to login with Facebook, Google or another service or to create an account with us and provide us with your information, including your name, zip code, career and education level and a valid email address (“Information”). All Information that you supply to us must be accurate, complete and not misleading and must apply to you and not any other person. You are solely responsible for the content and accuracy of any Information that you submit to us. We may offer services and products to you based on the Information that you submit to us or that you agree to receive from us in accordance with our Privacy Policy.

If you request an account, you have no ownership rights in your account, and if you cancel your account with us or your account is terminated due to inactivity or otherwise, your Information will no longer be available to you or to third parties, but it may continue to be used to compile aggregate data.

You may only use the Website, its content, our tools, and our Services in accordance with these Terms and then only for your personal or company use. The content of the Website, including page designs, layouts, text, graphics, images, video, audio, data and information, logos, button and icons, and software, and our tools (e.g., our profile creator) are protected under copyright, trademark and other laws. All content on the Website (other than certain content that you and other users submit and retain) and all tools that we provide are our or our licensors’ property. Your unauthorized use of content or tools may violate applicable law for which you will be held responsible. If you are authorized to make a copy of any content or any tool, you must preserve all copyright, trademark, service mark, and other proprietary notices contained in that content.

Any software code that is used to operate the Website, generate or display any content on the Website or provide our tools or our Services is also protected by copyright and other law, and you may not copy, use, or adapt any such software code. You agree not to sell or modify content (other than your own content) or any tool or reproduce, display, publicly perform, distribute, or otherwise use either in any way, except as explicitly authorized by these Terms.

If you violate these Terms, we can terminate your access to the Website and its content and its tools, and you will no longer be able to use our Services. In addition, violations of these Terms could subject you to civil and/or criminal liability. We will investigate occurrences that may involve such violations, and we will cooperate with law enforcement authorities.

Terms Applicable to All Users

  • Tools that we may supply may only be used by individuals visiting the Website.
  • You are required to maintain the confidentiality of your information.  If you have a password, you may not share it with anyone, and you are solely responsible for any account that you create, even if you have not authorized those uses. You will immediately notify us of any unauthorized use of your account or password.
  • You cannot post, provide, distribute, store or destroy any material, including content, in violation of applicable law or in breach of our Privacy Policy.
  • You cannot do anything that imposes an unreasonable burden or load on the Website.
  • You cannot attempt to interfere with our Services to anyone else.
  • You cannot violate or attempt to violate the security of the Website, including the use of probes, scans or tests of vulnerabilities unless we authorize you to do so.
  • You cannot forge any TCP/IP packet header or any part of any other header information.
  • You cannot reverse engineer or decompile any parts of the Website or its content or its tools.
  • You cannot navigate or search the Website using tools other than the ones that we make available to you or have otherwise approved, though you may use standard web browsers.
  • You cannot use any data mining, robots, scrapers, or similar data gathering or extraction methods.
  • You cannot aggregate, copy or duplicate any content, unless explicitly permitted by these Terms.
  • You cannot frame or link to any content, unless explicitly permitted by these Terms.
  • You cannot post any content that (includes links to another who) promotes, endorses or assists false or misleading information or illegal or any other activities that violate these Terms.
  • You cannot access data or information not intended for you.
  • You cannot submit information if it violates the intellectual property rights of others.
  • You cannot delete or alter anything posted by others.
  • You cannot harass, incite harassment or advocate harassment of any group, company, or individual.
  • You cannot send unsolicited mail or email, “junk mail,” “chain letters,” or unsolicited mass mailing, “spamming,” or “phishing,” or make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user of the Website.
  • You cannot use our Services for any unlawful purpose or any illegal activity.
  • You cannot post or submit any content, resume, or job ad that is defamatory, libelous, offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, menacing, of a sexual nature, or likely to cause annoyance, inconvenience, embarrassment, violence, or anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, nor can you link to any items that facilitate any of the foregoing.
  • You cannot provide or link to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18.
  • You cannot provide instructional information about illegal activities or other activities prohibited by these Terms, including making or buying illegal weapons.
  • You must be 13 years of age or older to use the Website, and, if you are over 13 and under 18, you cannot use the Website without the supervision of a parent or legal guardian.

Ideas

You should not send us your creative suggestions, ideas, drawings, concepts, inventions, or other information (“Your Ideas“), but if you do, we may use Your Ideas that you submit to us without liability to you.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible in a way that constitutes infringement against your rights, please contact us at: compliance@escoffierglobal.com

or by regular mail at:

Auguste Escoffier Global Solutions, LLC
150 N. Martingale Rd.
Suite 300
Schaumburg, IL. 60173
Attn: Compliance

Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property

We require that our users refrain from violating the intellectual property rights of others. You agree not to use the Website to infringe the intellectual property rights of any other person, and we reserve the right to terminate your account if you do. If, however, you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact us as provided in Section 6 above.

Liability Disclaimers

We are not responsible for any content provided by users, or its quality, truth, accuracy, reliability, completeness, timeliness or legality, and we make no representation or warranties about any content provided by users.

The risks of using content provided by other users may include risks of physical harm or of dealing with strangers, underage persons or people acting under false pretenses. You assume all of those risks, and we make no representation or warranties about relating to such risks. Because user authentication is difficult, we cannot know that a user is who they claim to be.

In any of your dealings with other users, if a dispute arises, your sole remedy is against them, you release us (and our agents and employees) from any claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The Website and its content and its tools may contain or create inaccuracies or errors and any tool or form that you use may not work properly or as you expect. we makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Website or its content or about the utility or the effectiveness of the tools, and you use the Website and its content and the tools is at your own risk.

If you are a California resident, you waive California Civil Code Section 1542, that says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

We encourage you to keep a back-up copy of any of Your Content. We are not liable for the deletion, loss, or unauthorized modification of any User Content.

We do not provide or make any representation as to the quality or nature of any third party products or services purchased through the Website.

If you believe that something on the Site violates these Terms, please contact us compliance@escoffierglobal.com

If we are notified of any content, tools or other materials that do not conform to these Terms, we may investigate and make an appropriate determination.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHERHARMFUL MECHANISMS. IF YOUR USE OF OUR WEBSITE, ITS CONTENT, ANY TOOLS, OR OUR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. OUR WEBSITE AND ITS CONTENT AND OUR TOOLS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BYLAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THEWARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY,RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OUR SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

WE DISCLAIM ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OUR TOOLS AND OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OR OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED $100.

Class Action Waiver

As a condition for your ability to use or access the Website, its content, our tools and our Services, you agree not to sue us as a class plaintiff or class representative, join a class action as a class member, or participate in a class-action lawsuit brought against us relating to your use of or access to the Website, its content, our tools or our Services. If you are a job seeker, you acknowledge that your use of the Website is at no charge to you, and you further acknowledge that part of the price you are paying us to use the Website is your acceptance of this class action waiver. Nothing in this paragraph, however, limits your right to bring a lawsuit as an individual plaintiff.

Links to Other Sites

The Website contains links to other websites. These links are provided solely as a convenience to you, and we are not responsible for the content of such linked sites and do not make any representations or warranties regarding the content or accuracy of materials on such websites. If you decide to access a linked website, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any of Your Content or other material you provide to us, (ii) your use of the Website, its content, our tools, or our Services, or (iii) your breach of these Terms.

General

We make no claim or representation that the Website or its content may be lawfully viewed or accessed, or that our tools may be used, outside of the United States. Access to the Website or the content or our tools may not be legal by certain persons or in certain countries. If you access the Website or its content or use our tools, you do so at your own risk. You are responsible for compliance with the laws of your country or jurisdiction. Any software downloaded from the Website is further subject to United States export control laws, and you are responsible for the violation of any such laws. By downloading or using such software, you represent and warrant that you are not violating such laws.

These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Cook County, Illinois. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. These Terms constitute the entire agreement between you and us with respect to the use of the Website, its content, our tools, or our Services. No changes to these Terms shall be made except by a revised posting on this page.

Mobile Services

If you use the Website through a mobile device, you agree that information about your use of the Website through your mobile device and carrier may be communicated to us, including the identity of your mobile carrier and your mobile device and your physical location. In addition, use of the Website through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Website using a mobile device, you represent that to the extent you import any of Your Content to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Website account information to ensure that your messages are not sent to the person that acquires your old number and the failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Website through your mobile access provider. Therefore, you should check with your provider to find out if the Website is available and the terms for such services for your specific mobile devices.

By using any downloadable application to enable your use of the Website, you are confirming your acceptance of the terms of the end user license agreement associated with the app provided at download or installation, or as it may be updated from time to time.

Update effective: 09/01/2023.

EConnect

Terms of Use

These Terms of Use (“Terms“) apply to job seekers, employers or other users (“you“) of this website, any related phone apps, and any related social media accounts (the “Website”). These Terms include our Privacy Policy.

Services Offered

We offer the following services (the “Services“) on the Website:

  • creation and support of accounts for job seekers, employers and others;
  • posting of employment opportunities offered by employers;
  • facilitation of job applications, profiles, and resumes, and other information provided by job seekers;
  • support of information provided by others, including ads; and
  • search and matching capabilities;

Binding Agreement; Revisions

These Terms constitute a binding agreement between you and Auguste Escoffier Global Solutions, LLC, which is owned by Triumph Higher Education Corporation (“we,” “us,” and “our”), and you accept these Terms each time that you use or access the Website or its content or otherwise use our tools or our Services.

If we have entered into a “hard-copy” written agreement with you that incorporates these Term of Use by reference, the combination of that written agreement and these Term of Use shall be the binding agreement between you and us. In the event of any inconsistency or conflict between that written agreement and these Terms of Use, these Terms of Use will prevail.

We may revise these Terms from time to time. If we make any revisions, they will become effective when we post the modified version of these Terms on our Website. By visiting our Website or using our Services after we have posted revisions, you accept those revisions. The date at the end of these Terms indicates when they were last updated.

These Terms will remain in full force and effect while you are a user of the Website. We may pursue all of our legal remedies, including removal of Your Content from the Website and immediate termination of your account and your access to the Website, its content, our tools and our Services upon any breach by you of these Terms. Even after you are no longer a user of the Website, certain provisions of these Terms will remain in effect, including “Binding Agreement; Revisions,” “Use of our Website; Services and Content; Consequences of Violating These Terms,” “Terms Applicable to All Users,” “Additional Terms Applicable to Employers,” “Additional Terms Applicable to Job Seekers,” “Ideas,” “Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement,” “Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property, “Liability Disclaimers,” “Disclaimer of Warranties,” “Disclaimer of Consequential Damages,” “Limitation of Liability,” “Class Action Waiver,” “Links to Other Sites,” “Indemnity,” “General”, “Mobile Services,” and “Arbitration.”

Use of our Website; Services and Content; Consequences of Violating These Terms

You may only use the Website, its content, our tools, and our Services in accordance with these Terms and then only for your personal or company use. The content of the Website, including page designs, layouts, text, graphics, images, video, audio, data and information, logos, button and icons, and software, and our tools (e.g., our profile creator) are protected under copyright, trademark and other laws. All content on the Website (other than certain content that you and other users submit and retain) and all tools that we provide are our or our licensors’ property. Your unauthorized use of content or tools may violate applicable law for which you will be held responsible. If you are authorized to make a copy of any content or any tool, you must preserve all copyright, trademark, service mark, and other proprietary notices contained in that content.

Any software code that is used to operate the Website, generate or display any content on the Website or provide our tools or our Services is also protected by copyright and other law, and you may not copy, use, or adapt any such software code. You agree not to sell or modify content (other than your own content) or any tool or reproduce, display, publicly perform, distribute, or otherwise use either in any way, except as explicitly authorized by these Terms.

If you violate these Terms, we can terminate your access to the Website and its content and its tools, and you will no longer be able to use our Services. In addition, violations of these Terms could subject you to civil and/or criminal liability. We will investigate occurrences that may involve such violations, and we will cooperate with law enforcement authorities.

Terms Applicable to All Users

  • Content, including our databases and other features, may be used only by individuals seeking employment opportunities or career information and by employers seeking employees.
  • Tools, including our profiles or resume builders, may be used only by individuals seeking employment opportunities or career information and by employers seeking employees.
  • You are required to maintain the confidentiality of your account, your profile, and your password. You may not share your password with anyone, and you are solely responsible for your account, even if you have not authorized those uses. You will immediately notify us of any unauthorized use of your account or password.
  • You cannot post, provide, distribute, store or destroy any material, including content, in violation of applicable law or in breach of our Privacy Policy.
  • You cannot do anything that imposes an unreasonable burden or load on the Website.
  • You cannot attempt to interfere with our Services to anyone else.
  • You cannot violate or attempt to violate the security of the Website, including the use of probes, scans or tests of vulnerabilities unless we authorize you to do so.
  • You cannot forge any TCP/IP packet header or any part of any other header information.
  • You cannot reverse engineer or decompile any parts of the Website or its content or its tools.
  • You cannot navigate or search the Website using tools other than the ones that we make available to you or have otherwise approved, though you may use standard web browsers.
  • You cannot use any data mining, robots, scrapers, or similar data gathering or extraction methods.
  • You cannot aggregate, copy or duplicate any content, unless explicitly permitted by these Terms.
  • You cannot frame or link to any content, unless explicitly permitted by these Terms.
  • You cannot post any content that (includes links to another who) promotes, endorses or assists false or misleading information or illegal or any other activities that violate these Terms.
  • You cannot access data or information not intended for you.
  • You cannot submit information if it violates the intellectual property rights of others.
  • You cannot delete or alter anything posted by others.
  • You cannot harass, incite harassment or advocate harassment of any group, company, or individual.
  • You cannot send unsolicited mail or email, “junk mail,” “chain letters,” or unsolicited mass mailing, “spamming,” or “phishing,” or make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user of the Website.
  • You cannot use our Services for any unlawful purpose or any illegal activity.
  • You cannot post or submit any content, resume, or job ad that is defamatory, libelous, offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, menacing, of a sexual nature, or likely to cause annoyance, inconvenience, embarrassment, violence, or anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, nor can you link to any items that facilitate any of the foregoing.
  • You cannot provide or link to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18.
  • You cannot provide instructional information about illegal activities or other activities prohibited by these Terms, including making or buying illegal weapons.
  • You must be 13 years of age or older to use the Website, and, if you are over 13 and under 18, you cannot use the Website without the supervision of a parent or legal guardian.

Additional Terms Applicable to Employers

Employers are fully responsible for their postings on the Website. We are not the employer with respect to any of your job postings, and you will be solely responsible for your employment decisions. If you cancel your employer account or your employer account is terminated, all of your account information may be deleted. In order to protect our users from commercial advertising or solicitation, we reserve the right to restrict the number of emails which an employer may send. You may only use the Website, its content, our tools and our Services in accordance with applicable law. We have not checked, vetted or otherwise researched any job poster or job seekers, and you communicate with them at your own risk.

A job description may not contain:

  • any hyperlinks unless authorized by us;
  • misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are not relevant to the job opportunity being presented; or
  • names of persons, colleges, cities, states, towns or countries that are not related to the posting.

You may not use your job descriptions or company profile to:

  • post jobs in a manner that does not comply with applicable law;
  • post jobs that include any screening requirement or criterion in connection with a job description if the requirement or criterion is not an actual and legal requirement of the posted job;
  • post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  • post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
  • post any business opportunity that pays commission only unless the posting clearly states that;
  • promote any opportunity that does not represent bona fide employment, which is generally indicated by the employer’s use of IRS forms W-2 or 1099 unless the posting clearly states that and describes the opportunity in sufficient detail to explain the nature of the opportunity to the job seeker (e.g., “This is part-time.”, “This is a temporary position.”, “This is an unpaid internship.”, “This is not an W-2 employee position.”)
  • post jobs on the Website for modeling, acting, talent or entertainment agencies or talent scouting positions;
  • advertise sexual services or seek employees for jobs of a sexual nature;
  • request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
  • post jobs located in countries other than the U.S.; and
  • except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offenses or proceedings, or (vii) age.

We reserve the right to remove any job description or other content or any tools from the Website that does not comply with these Terms or that we believe is not in our best interest. If at any time during your use of the Website, its content, our tools, or our Services, you make a misrepresentation of fact to us or job seekers or otherwise mislead us or them in regard to your business activities, we may terminate your use of the Website, its content, our tools and our Services.

Employers may only use a database in accordance with these Terms and applicable law and may not disclose any data from a database to any third party.

Employers may not:

  • use information from a database other than as an employer seeking employees or to communicate with and provide services to a job seeker seeking employment with you;
  • communicate with job seekers with excessive frequency or in ways that are unlikely to be of interest to the job seekers; or
  • engage in any other activities that are inconsistent with these Terms.

In order to facilitate a beneficial experience for all users, we reserve the right to limit your usage of our resources.

Additional Terms Applicable to Job Seekers

When you register with the Website, you will be asked to login with Facebook, Google or another service or to create an account with us and provide us with your information, including your name, zip code, career and education level and a valid email address (“Information”). All Information that you supply to us must be accurate, complete and not misleading and must apply to you and not any other person. You are solely responsible for the content and accuracy of any Information that you submit to us. We may offer services and products to you based on the Information that you submit to us or that you agree to receive from us in accordance with our Privacy Policy.

You have no ownership rights in your account, and if you cancel your account with us or your account is terminated due to inactivity or otherwise, your Information will no longer be available to you or to third parties, but it may continue to be used to compile aggregate data

Your Submissions

All Information and materials that you submit to us (“Your Content“) is your responsibility. We neither own nor control Your Content, and you (or your licensors) retain all patent, trademark and copyright rights to Your Content. By submitting Your Content to us, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish Your Content. In addition, if you submit Your Content intending it to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting us and our Services. We may refuse to accept any of Your Content at our discretion.

If you submit Your Content in any public area of the Website, you also grant a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to our other users to access, display, view, store and reproduce such content for their personal use.

You represent and warrant that you have the right to grant the licenses described above.

We may take action with respect to Your Content that we deem appropriate if it could create liability for us, damage our brand or image, or cause us to lose other users or service providers.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any content or tool submitted to us by any user including job posters. Your reliance on content or tools submitted by other users will be at your own risk. We have not checked, vetted or otherwise researched any job poster or job seekers, and you communicate with them at your own risk.

The following is a partial list of content that is prohibited on the Website:

  • You cannot post any resume or profile or apply for any job for anyone else; and
  • You cannot solicit passwords or personal identifying information from other users.

Ideas

You should not send us your creative suggestions, ideas, drawings, concepts, inventions, or other information (“Your Ideas“), but if you do, we may use Your Ideas that you submit to us without liability to you.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible in a way that constitutes infringement against your rights, please contact us at: compliance@escoffierglobal.com

or by regular mail at:

Auguste Escoffier Global Solutions, LLC
150 N. Martingale Rd.
Suite 300
Schaumburg, IL. 60173
Attn: Compliance

Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property

We require that our users refrain from violating the intellectual property rights of others. You agree not to use the Website to infringe the intellectual property rights of any other person, and we reserve the right to terminate the your account if you do. If, however, you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact us as provided in Section 6 above.

Liability Disclaimers

We are not responsible for any content provided by users, or its quality, truth, accuracy, reliability, completeness, timeliness or legality, and we make no representation or warranties about any content provided by users.

The risks of using content provided by other users may include risks of physical harm or of dealing with strangers, underage persons or people acting under false pretenses. You assume all of those risks, and we make no representation or warranties about relating to such risks. Because user authentication is difficult, we cannot know that a user is who they claim to be.

In any of your dealings with other users, if a dispute arises, your sole remedy is against them, you release us (and our agents and employees) from any claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The Website and its content and its tools may contain or create inaccuracies or errors and any tool or form that you use may not work properly or as you expect. we makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Website or its content or about the utility or the effectiveness of the tools, and you use the Website and its content and the tools is at your own risk.

If you are a California resident, you waive California Civil Code Section 1542, that says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

We encourage you to keep a back-up copy of any of Your Content. We are not liable for the deletion, loss, or unauthorized modification of any User Content.

We do not provide or make any representation as to the quality or nature of any third party products or services purchased through the Website.

If you believe that something on the Site violates these Terms, please contact us at compliance@escoffierglobal.com

If we are notified of any content, tools or other materials that do not conform to these Terms, we may investigate and make an appropriate determination.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUR WEBSITE, ITS CONTENT, ANY TOOLS, OR OUR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. OUR WEBSITE AND ITS CONTENT AND OUR TOOLS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OUR SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

WE DISCLAIM ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OUR TOOLS AND OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OR OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED $100.

Class Action Waiver

As a condition for your ability to use or access the Website, its content, our tools and our Services, you agree not to sue us as a class plaintiff or class representative, join a class action as a class member, or participate in a class-action lawsuit brought against us relating to your use of or access to the Website, its content, our tools or our Services. If you are a job seeker, you acknowledge that your use of the Website is at no charge to you, and you further acknowledge that part of the price you are paying us to use the Website is your acceptance of this class action waiver. Nothing in this paragraph, however, limits your right to bring a lawsuit as an individual plaintiff.

Links to Other Sites

The Website contains links to other websites. These links are provided solely as a convenience to you, and we are not responsible for the content of such linked sites and do not make any representations or warranties regarding the content or accuracy of materials on such websites. If you decide to access a linked website, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any of Your Content or other material you provide to us, (ii) your use of the Website, its content, our tools, or our Services, or (iii) your breach of these Terms.

General

We make no claim or representation that the Website or its content may be lawfully viewed or accessed, or that our tools may be used, outside of the United States. Access to the Website or the content or our tools may not be legal by certain persons or in certain countries. If you access the Website or its content or use our tools, you do so at your own risk. You are responsible for compliance with the laws of your country or jurisdiction. Any software downloaded from the Website is further subject to United States export control laws, and you are responsible for the violation of any such laws. By downloading or using such software, you represent and warrant that you are not violating such laws.

These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Cook County, Illinois. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. These Terms constitute the entire agreement between you and us with respect to the use of the Website, its content, our tools, or our Services. No changes to these Terms shall be made except by a revised posting on this page.

Mobile Services

If you use the Website through a mobile device, you agree that information about your use of the Website through your mobile device and carrier may be communicated to us, including the identity of your mobile carrier and your mobile device and your physical location. In addition, use of the Website through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Website using a mobile device, you represent that to the extent you import any of Your Content to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Website account information to ensure that your messages are not sent to the person that acquires your old number and the failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Website through your mobile access provider. Therefore, you should check with your provider to find out if the Website is available and the terms for such services for your specific mobile devices.

By using any downloadable application to enable your use of the Website, you are confirming your acceptance of the terms of the end user license agreement associated with the app provided at download or installation, or as it may be updated from time to time.

 

Update effective 09/01/2023

 

ESource

Terms of Use

These Terms of Use (“Terms“) apply to all users of ESource, including both administrators and users (“you“) of this website, any related phone apps, and any related social media accounts (the “Website”). These Terms include our Privacy Policy.

Services Offered

We offer the following services (the “Services“) on the Website:

  • training videos; and
  • courses relating to the culinary arts

Binding Agreement; Revisions

These Terms constitute a binding agreement between you and Auguste Escoffier Global Solutions, LLC, which is owned by Triumph Higher Education Corporation (“we,” “us,” and “our”), and you accept these Terms each time that you use or access the Website or its content or otherwise use our tools or our Services.

If we have entered into a “hard-copy” written agreement with you that incorporates these Term of Use by reference, the combination of that written agreement and these Term of Use shall be the binding agreement between you and us. In the event of any inconsistency or conflict between that written agreement and these Terms of Use, the written agreement shall take precedence.

We may revise these Terms from time to time. If we make any revisions, they will become effective when we post the modified version of these Terms on our Website. By visiting our Website or using our Services after we have posted revisions, you accept those revisions. The date at the end of these Terms indicates when they were last updated.

These Terms will remain in full force and effect while you are a user of the Website. We may pursue all of our legal remedies, including removal of Your Content from the Website and immediate termination of your account and your access to the Website, its content, our tools and our Services upon any breach by you of these Terms. Even after you are no longer a user of the Website, certain provisions of these Terms will remain in effect, including “Binding Agreement; Revisions,” Use of our Website; Services and Content; Consequences of Violating These Terms,” “Terms Applicable to All Users,” “Ideas,” “Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement,” “Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property,” “Liability Disclaimers,” “Disclaimer of Warranties,” “Disclaimer of Consequential Damages,” “Limitation of Liability,” “Class Action Waiver,” “Links to Other Sites,” and “Indemnity.”

Use of our Website; Services and Content; Consequences of Violating These Terms

When you register with the Website, you will be asked to login with Facebook, Google or another service or to create an account with us and provide us with your information, including your name, zip code, career and education level and a valid email address (“Information”). All Information that you supply to us must be accurate, complete and not misleading and must apply to you and not any other person. You are solely responsible for the content and accuracy of any Information that you submit to us. We may offer services and products to you based on the Information that you submit to us or that you agree to receive from us in accordance with our Privacy Policy.

You have no ownership rights in your account, and if you cancel your account with us or your account is terminated due to inactivity or otherwise, your Information will no longer be available to you or to third parties, but it may continue to be used to compile aggregate data

You may only use the Website, its content, our tools, and our Services in accordance with these Terms and then only for your personal or company use. The content of the Website, including page designs, layouts, text, graphics, images, video, audio, data and information, logos, button and icons, and software, and our tools (e.g., our profile creator) are protected under copyright, trademark and other laws. All content on the Website (other than certain content that you and other users submit and retain) and all tools that we provide are our or our licensors’ property. Your unauthorized use of content or tools may violate applicable law for which you will be held responsible. If you are authorized to make a copy of any content or any tool, you must preserve all copyright, trademark, service mark, and other proprietary notices contained in that content.

Any software code that is used to operate the Website, generate or display any content on the Website or provide our tools or our Services is also protected by copyright and other law, and you may not copy, use, or adapt any such software code. You agree not to sell or modify content (other than your own content) or any tool or reproduce, display, publicly perform, distribute, or otherwise use either in any way, except as explicitly authorized by these Terms.

If you violate these Terms, we can terminate your access to the Website and its content and its tools, and you will no longer be able to use our Services. In addition, violations of these Terms could subject you to civil and/or criminal liability. We will investigate occurrences that may involve such violations, and we will cooperate with law enforcement authorities.

Terms Applicable to All Users

  • Content, including our content and other features, may be used only by ESource administrators and authorized users seeking training in the culinary arts.
  • Tools that we may supply may only be used by individuals seeking training services.
  • You are required to maintain the confidentiality of your account, your profile, and your password. You may not share your password with anyone, and you are solely responsible for your account, even if you have not authorized those uses. You will immediately notify us of any unauthorized use of your account or password.
  • You cannot post, provide, distribute, store or destroy any material, including content, in violation of applicable law or in breach of our Privacy Policy.
  • You cannot do anything that imposes an unreasonable burden or load on the Website.
  • You cannot attempt to interfere with our Services to anyone else.
  • You cannot violate or attempt to violate the security of the Website, including the use of probes, scans or tests of vulnerabilities unless we authorize you to do so.
  • You cannot forge any TCP/IP packet header or any part of any other header information.
  • You cannot reverse engineer or decompile any parts of the Website or its content or its tools.
  • You cannot navigate or search the Website using tools other than the ones that we make available to you or have otherwise approved, though you may use standard web browsers.
  • You cannot use any data mining, robots, scrapers, or similar data gathering or extraction methods.
  • You cannot aggregate, copy or duplicate any content, unless explicitly permitted by these Terms.
  • You cannot frame or link to any content, unless explicitly permitted by these Terms.
  • You cannot post any content that (includes links to another who) promotes, endorses or assists false or misleading information or illegal or any other activities that violate these Terms.
  • You cannot access data or information not intended for you.
  • You cannot submit information if it violates the intellectual property rights of others.
  • You cannot delete or alter anything posted by others.
  • You cannot harass, incite harassment or advocate harassment of any group, company, or individual.
  • You cannot send unsolicited mail or email, “junk mail,” “chain letters,” or unsolicited mass mailing, “spamming,” or “phishing,” or make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user of the Website.
  • You cannot use our Services for any unlawful purpose or any illegal activity.
  • You cannot post or submit any content, resume, or job ad that is defamatory, libelous, offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, menacing, of a sexual nature, or likely to cause annoyance, inconvenience, embarrassment, violence, or anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, nor can you link to any items that facilitate any of the foregoing.
  • You cannot provide or link to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18.
  • You cannot provide instructional information about illegal activities or other activities prohibited by these Terms, including making or buying illegal weapons.
  • You must be 13 years of age or older to use the Website, and, if you are over 13 and under 18, you cannot use the Website without the supervision of a parent or legal guardian.

Ideas

You should not send us your creative suggestions, ideas, drawings, concepts, inventions, or other information (“Your Ideas“), but if you do, we may use Your Ideas that you submit to us without liability to you.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible in a way that constitutes infringement against your rights, please contact us at: compliance@escoffierglobal.com

or by regular mail at:

Auguste Escoffier Global Solutions, LLC
150 N. Martingale Rd.
Suite 300
Schaumburg, IL. 60173
Attn: Compliance

Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property

We require that our users refrain from violating the intellectual property rights of others. You agree not to use the Website to infringe the intellectual property rights of any other person, and we reserve the right to terminate your account if you do. If, however, you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact us as provided in Section 6 above.

Liability Disclaimers

We are not responsible for any content provided by users, or its quality, truth, accuracy, reliability, completeness, timeliness or legality, and we make no representation or warranties about any content provided by users.

The risks of using content provided by other users may include risks of physical harm or of dealing with strangers, underage persons or people acting under false pretenses. You assume all of those risks, and we make no representation or warranties about relating to such risks. Because user authentication is difficult, we cannot know that a user is who they claim to be.

In any of your dealings with other users, if a dispute arises, your sole remedy is against them, you release us (and our agents and employees) from any claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The Website and its content and its tools may contain or create inaccuracies or errors and any tool or form that you use may not work properly or as you expect. we makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Website or its content or about the utility or the effectiveness of the tools, and you use the Website and its content and the tools is at your own risk.

If you are a California resident, you waive California Civil Code Section 1542, that says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

We encourage you to keep a back-up copy of any of Your Content. We are not liable for the deletion, loss, or unauthorized modification of any User Content.

We do not provide or make any representation as to the quality or nature of any third party products or services purchased through the Website.

If you believe that something on the Site violates these Terms, please contact us compliance@escoffierglobal.com

If we are notified of any content, tools or other materials that do not conform to these Terms, we may investigate and make an appropriate determination.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHERHARMFUL MECHANISMS. IF YOUR USE OF OUR WEBSITE, ITS CONTENT, ANY TOOLS, OR OUR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. OUR WEBSITE AND ITS CONTENT AND OUR TOOLS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BYLAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THEWARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY,RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OUR SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

WE DISCLAIM ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OUR TOOLS AND OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS CONTENT, OUR TOOLS, OR OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED $100.

Class Action Waiver

As a condition for your ability to use or access the Website, its content, our tools and our Services, you agree not to sue us as a class plaintiff or class representative, join a class action as a class member, or participate in a class-action lawsuit brought against us relating to your use of or access to the Website, its content, our tools or our Services. If you are a job seeker, you acknowledge that your use of the Website is at no charge to you, and you further acknowledge that part of the price you are paying us to use the Website is your acceptance of this class action waiver. Nothing in this paragraph, however, limits your right to bring a lawsuit as an individual plaintiff.

Links to Other Sites

The Website contains links to other websites. These links are provided solely as a convenience to you, and we are not responsible for the content of such linked sites and do not make any representations or warranties regarding the content or accuracy of materials on such websites. If you decide to access a linked website, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any of Your Content or other material you provide to us, (ii) your use of the Website, its content, our tools, or our Services, or (iii) your breach of these Terms.

General

We make no claim or representation that the Website or its content may be lawfully viewed or accessed, or that our tools may be used, outside of the United States. Access to the Website or the content or our tools may not be legal by certain persons or in certain countries. If you access the Website or its content or use our tools, you do so at your own risk. You are responsible for compliance with the laws of your country or jurisdiction. Any software downloaded from the Website is further subject to United States export control laws, and you are responsible for the violation of any such laws. By downloading or using such software, you represent and warrant that you are not violating such laws.

These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Cook County, Illinois. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. These Terms constitute the entire agreement between you and us with respect to the use of the Website, its content, our tools, or our Services. No changes to these Terms shall be made except by a revised posting on this page.

Mobile Services

If you use the Website through a mobile device, you agree that information about your use of the Website through your mobile device and carrier may be communicated to us, including the identity of your mobile carrier and your mobile device and your physical location. In addition, use of the Website through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Website using a mobile device, you represent that to the extent you import any of Your Content to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Website account information to ensure that your messages are not sent to the person that acquires your old number and the failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Website through your mobile access provider. Therefore, you should check with your provider to find out if the Website is available and the terms for such services for your specific mobile devices.

By using any downloadable application to enable your use of the Website, you are confirming your acceptance of the terms of the end user license agreement associated with the app provided at download or installation, or as it may be updated from time to time.

Update effective: 09/01/2023.