PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION AT SECTION 17 BELOW. WE ENCOURAGE YOU TO READ THAT PROVISION AND THE REST OF THESE TERMS CAREFULLY.
1. Acceptance of Terms of Use
These terms of use are entered into by and between You and Bryan College (“Bryan,” “we,” “us,” and “our”). The following terms of use, together with our Privacy Policy and any other documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of, including any content, functionality, and services offered on or through https://bryancollege.ca/ (“Site”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may opt not to access or use the Site.
2. Electronic Records and Signatures
You consent to transact with us and receive records and disclosures electronically, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and applicable state Uniform Electronic Transactions Acts. To access and retain electronic records, you must have a compatible device, current web browser, and the ability to download and store PDF files. You may withdraw consent by contacting us as set out below; withdrawal may impact your ability to use certain Site features.
3. Changes to the Site and to These Terms
We may update the Site and these Terms from time to time. If we make material changes to the Terms, we will provide advance notice by posting a banner on the Site or by emailing registered users at least 10 days before the effective date. The “Last Updated” date above reflects the date of the latest material change. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms.
4. Access to the Site; Service Availability
We reserve the right to modify, suspend, or discontinue the Site (in whole or part) without notice where lawful. We may schedule maintenance windows or experience unplanned outages. We are not liable for any unavailability or loss of content. The Site may include beta or pre-release features that may not function as expected.
5. Accounts and Security
If you create an account, you must provide accurate information, keep your credentials confidential, and promptly notify us of any actual or suspected unauthorized use. You are responsible for activities that occur under your account.
6. Intellectual Property; License to Use the Site
The Site and its content, features, and functionality (including text, graphics, logos, images, audio, video, and software) are owned by Bryan College or our licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. All rights not expressly granted are reserved.
7. User Content; License; Moderation
If the Site enables you to submit, post, upload, or otherwise provide content (“User Content”), you represent that you have all rights necessary to do so. You grant Bryan College a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, and otherwise use your User Content solely to operate, improve, and promote the Site. We may remove or decline to display any User Content in our discretion consistent with law. We operate a repeat-infringer policy and may terminate accounts of repeat infringers where appropriate.
8. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
You additionally agree not to:
9. Export Controls or Sanctions
You agree not to access or use the Site in violation of U.S. export control or economic sanctions laws, including the Export Administration Regulations administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. embargoes, and you are not a prohibited party.
10. No Professional Advice
Content on the Site is provided for general informational and educational purposes only. It does not constitute legal, medical, financial, tax, career, or other professional advice, and you should not rely on it as a substitute for advice from a qualified professional.
11. Third Party Links on the Site
The Site may contain links to third-party websites, services, or resources that are not controlled by Bryan College . We are not responsible for the content, policies, or practices of any third-party sites or services. Your use of third-party sites is at your own risk and may be subject to additional terms and privacy policies.
12. Electronic Communications; Email/SMS
By providing your contact information, you consent to receive electronic communications from us about the Site and our programs, consistent with applicable laws (including the U.S. CAN-SPAM Act and, for Canadian residents, Canada’s Anti‑Spam Legislation). You may opt out of marketing emails by using the unsubscribe link and of SMS by replying STOP. Transactional and service messages may still be sent. See our Privacy Policy page for more details on opt out options.
13. Copyright Infringement (DMCA Notice and Takedown)
We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a notice that complies with 17 U.S.C. §512(c)(3) to our designated agent identified below. Upon receiving a valid notice, we will take appropriate action, which may include removing or disabling access to the material. If your content was removed and you believe it was a mistake or misidentification, you may submit a counter‑notification under 17 U.S.C. §512(g).
Designated Agent (per 17 U.S.C. §512(c)(2)):
Theresa Miulli, Executive Director of Regulatory Affairs
350 West Washington Street, Tempe, AZ 85281
Phone: 1-239-292-6325; Email: Theresa.MiulliHotham@bryanuniversity.edu
Repeat Infringer Policy: We terminate accounts of repeat infringers in appropriate circumstances (17 U.S.C. §512(i)).
14. Feedback
If you choose to provide suggestions, ideas, or other feedback, you grant Bryan College a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and create derivative works from such feedback without restriction or obligation to you
15. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Bryan College and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your User Content, excluding claims resulting from our own negligence, willful misconduct, or breach of these Terms.
16. Disclaimers; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRYAN COLLEGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID (IF ANY) TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Dispute Resolution; Arbitration and Class Waiver (U.S. Users)
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Bryan College agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site that is not resolved informally will be determined by binding arbitration on an individual basis under the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and the arbitrator will have the authority to award the same damages and relief that a court could award. Either party may bring an individual action in small claims court. This section does not apply to claims for public injunctive relief under California law to the extent such claims cannot be compelled to arbitration.
CLASS ACTION WAIVER: YOU AND BRYAN COLLEGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
OPT‑OUT: You may opt out of this arbitration agreement by sending written notice to admissions@bryancollege.ca within 30 days of first accepting these Terms. If you opt out, neither you nor Bryan College can require the other to participate in arbitration.
18. Governing Law and Venue; Consumer Protections
Except where prohibited by applicable consumer-protection law, these Terms and any dispute between you and Bryan College are governed by the laws of the State of Utah without regard to conflict-of-laws principles, and are subject to the exclusive jurisdiction of the state and federal courts located in Utah.
If you are a consumer resident in a U.S. state or Canadian province/territory that provides non‑waivable rights, these Terms do not limit those rights or the ability to bring claims in a competent court as required by such laws.
19. Additional Terms for Canada Residents; Quebec Consumers
If you are a resident of Canada using the Site for personal, family, or household purposes, you may have additional rights under applicable provincial consumer-protection statutes. For Quebec consumers, you are entitled to a French-language version of these Terms. By choosing an English version after being presented the French version, you agree that the English version governs. Nothing in these Terms deprives Quebec consumers of protections mandated by Quebec law.
20. California Consumer Rights (Cal. Civ. Code §1789.3)
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, (800) 952‑5210, or via www.dca.ca.gov to resolve a complaint regarding the Site or to receive further information regarding the use of the Site.
21. Termination; Suspension; Survival
We may suspend or terminate your access to the Site if we reasonably believe you have violated these Terms or applicable law. Upon termination, the licenses granted to you will end. Sections relating to intellectual property, User Content license, DMCA, feedback, indemnity, disclaimers, limitations of liability, dispute resolution, governing law, and survival will continue after termination.
22. Miscellaneous
These Terms constitute the entire agreement between you and Bryan College regarding the Site and supersede prior agreements regarding the Site. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision is effective unless in writing and signed by us. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or asset transfer.
23. Accessibility
We strive to make the Site accessible and to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier or need an accommodation, please contact us as provided in the “How to Contact Us” section below, and we will make reasonable efforts to assist.
24. How To Contact Us:
If you have questions or concerns about this Site or the Terms please contact us by calling 1-888-641-6300 or via postal mail at:
Bryan College
1200 Lawrence Ave. West
North York, ON M6A 1E3
You can also email us at admissions@bryancollege.ca.
Registration:
Registered as a career college under the Ontario Career Colleges Act, 2005.
Member of OCPMTC
