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Erikson INSTITUTE Terms of Use

Effective Date:

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, INCLUDING PRIVACY-RELATED CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW.

1. Introduction

Please review this page carefully. These Terms of Use (“Terms” or “Agreement”) constitute a legal contract between you and Erikson Institute (“Erikson,” “Company,” “we,” “us” or “our”) and govern your access to and use of Erikson websites and online services that link to these Terms, including www.erikson.edu, apply.erikson.edu, and catalog.erikson.edu websites and their related subdomains (collectively, the “Website” or “Site”), and all portals, online forms, services, event pages, donation pages, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site, or Services, you agree to these Terms. These Terms form a contract between you and Erikson, and if you are using the Site or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. Our Sites are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age. The general public Site is not directed to children under 16. Certain Erikson programs or services may involve minors, parents, guardians, students, families, or community participants, and may be subject to separate consents, notices, policies, or legal requirements. Please review all posted policies or provided notices with respect to your participation in any such programs or services.

From time to time, Erikson may decide to modify, add, or delete portions of these Terms and will post those changes here. If Erikson does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Erikson reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.

2. Privacy Policy

Erikson’s Privacy Policy and Cookie Policy describe how Erikson collects, uses, discloses, and otherwise processes information in connection with the Site and Services. Those policies are incorporated into these Terms by reference and constitute a part of these Terms. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

Certain features, such as non-essential cookies, analytics, advertising technologies, text messaging, or specific program activities, may require consent or provide opt-out rights as described in the applicable notice or preference tool.

3. Additional Terms and Conditions

Certain Erikson programs, portals, events, professional learning offerings, student services, community services, clinical or counseling services, research activities, donation platforms, merchandise-shop transactions, or third-party platforms may be subject to additional terms, policies, notices, consents, or agreements, including but not limited to Erikson’s Privacy Policy, Cookie Policy, FERPA policy, Acceptable Use Policy, guest Wi-Fi terms, student handbook provisions, application or admissions terms, catalog or professional learning terms, event registration terms, payment or donation platform terms, research consents, clinical or community-service notices, accessibility notices, and third-party platform terms. Those additional terms apply to the specific service or interaction identified and should be read together with these Terms.

Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Site or Services, those rules and guidelines are incorporated by reference into these Terms. If there is a conflict between these Terms and additional terms that apply to a specific Service, the additional terms will control for that specific Service unless they state otherwise.

4. Consent to Electronic Communications

By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that Erikson sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

5. Mobile Messaging and SMS Terms

If Erikson offers SMS or text-message communications and you opt in, you expressly consent to receive text messages from Erikson at the mobile number you provide. Messages may include informational, transactional, program-related, event-related, account, application, student-service, appointment, reminder, support, or other communications related to Erikson. Messages may be sent using an automatic telephone dialing system (“auto-dialer”), automated technology, or prerecorded/artificial voice. You must be 18 or older to enroll. If Erikson offers marketing text messages, Erikson will obtain consent where required by law. Message frequency may vary. Message and data rates may apply based on your carrier’s plan. Carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or authorized user of the mobile number you provide and agree to notify Erikson if the number is reassigned or disconnected. Your consent is voluntary, and you may withdraw it at any time.

You may opt out of receiving text messages at any time by replying STOP to any message we send. After you send STOP, we will send a confirmation text and no further messages will be sent unless you opt in again. For help, reply HELP to any of our messages or contact us at [email protected].

Your participation in the SMS program is subject to our Privacy Policy, which explains how we collect, use, and share information, including your mobile number. By opting in, you acknowledge the transfer of information through networks that may not be fully secure and the involvement of wireless carriers, vendors, and service providers who assist with message delivery.

We may update or modify these SMS Terms from time to time. Any changes will be effective upon posting to our website. Your continued enrollment after changes are posted constitutes acceptance of the updated Terms.

6. Third Party Websites

The Site may contain links to websites, platforms, tools, or services operated by third parties, including application portals, student portals, catalog or professional learning platforms, payment processors, donation platforms, event-registration platforms, merchandise-shop platforms, social media platforms, embedded video providers, analytics or advertising tools, accessibility tools, and other third-party services or third party websites that take you outside of the Erikson websites and the Services (“Linked Sites”), including social media platforms, payment processors, student, applicant and support portals, cloud storage or collaboration tools, third-party integrations or plug-ins, developer documentation sites, analytics dashboards, training or knowledge base platforms or other websites or online services operated by third parties. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, partners or third parties found on or throughout the Linked Sites, including without limitation with respect to the payment or delivery of products (such as our merchandise stores) or services (such as third-party payment portals) and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on Erikson. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

7. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
  • Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • Use any manual or automated process to extract, aggregate, or reproduce content from the Site for commercial purposes, competitive analysis, training of artificial intelligence or machine learning models, or any other purpose not expressly authorized by Erikson;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or the Services;
  • Collect or store personal data about other users of the Site or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity conducted on the Site or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Erikson’s or its users’ computers or systems;
  • Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
  • Violate, or encourage any conduct that would violate, any applicable law or regulation;
  • Engage in fraud or misuse of the Services;
  • Share, misuse, or compromise account credentials, passwords, access keys, application keys, student portal credentials, or network credentials;
  • Use the Site, Services, or Erikson network resources to intercept, monitor, or attempt to access communications or information not intended for you;
  • Use the Site or Services to harass, threaten, intimidate, discriminate against, or disparage others based on protected characteristics;
  • Use Erikson resources for unauthorized commercial activity, private financial gain, unlawful political activity, or other activity prohibited by Erikson policy;
  • Cause damage, embarrassment or adverse publicity to Erikson;
  • Violate Erikson’s Acceptable Use Policy, guest Wi-Fi terms, student handbook, FERPA policy; or
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.

8. Informational and Educational Content

Erikson provides content on the Site for general informational, educational, institutional, admissions, program, research, policy, community-service, and professional learning purposes. Erikson makes reasonable efforts to provide accurate and current information, but content may change, may not be complete, and may not always reflect the most current program, policy, schedule, tuition, fee, course, catalog, event, scholarship, or service information.

Unless expressly stated in a separate written agreement, application, catalog, registration confirmation, student handbook, offer letter, or official Erikson communication, content on the Site does not create a contract, guarantee admission, guarantee enrollment, guarantee financial aid, guarantee employment, guarantee availability of a program or course, or modify any institutional policy.

Erikson may update, correct, suspend, remove, or change Site content, programs, offerings, schedules, fees, descriptions, and Services at any time, subject to applicable law and applicable institutional policies.

9. No Professional Advice

The Site may include information about Erikson’s academic programs, admissions, registration, financial aid, student services, professional learning offerings, community services, clinical or counseling-related programs, research, policy, events, philanthropy, and institutional activities. This information is provided for general informational and educational purposes only.

The Site does not provide legal, financial, tax, medical, mental health, clinical, therapeutic, or other professional advice. Information on the Site is not a substitute for individualized advising, professional judgment, clinical assessment, diagnosis, treatment, therapy, emergency services, financial-aid counseling, or other professional services. Participation in any Erikson program or service may be subject to separate eligibility requirements, professional standards, consents, agreements, policies, handbooks, notices, or legal requirements.

Certain Erikson clinical, counseling, family-facing, community-service, or research programs may provide separate notices, consents, authorizations, or agreements. Those documents govern the specific services or activities identified in them.

10. Requests, Applications, Registrations, and Forms

The Site may allow you to request information, apply for programs, register for courses or events, submit inquiries, subscribe to communications, make donations, purchase merchandise, access portals, or otherwise communicate with Erikson. You agree to provide accurate, current, and complete information when using these features and to update information as appropriate.

Submission of an application, inquiry, registration, donation, payment, or other form does not guarantee admission, enrollment, participation, financial aid, employment, services, or any particular outcome unless expressly confirmed by Erikson in writing.

Information submitted through the Site or Services is subject to Erikson’s Privacy Policy and any additional notice, consent, or agreement applicable to the specific program or service. You agree to provide information that is accurate, current, and complete at the time of submission. You may use the Site and any information provided to you through the Site solely for lawful purposes. You may not use the Site or our Services to engage in fraudulent, deceptive, or unlawful conduct, or in any manner that could give rise to civil and criminal liability.

11. Merchandise Shop, Payments, Donations, and Third-Party Transactions

The Site may link to third-party platforms that support merchandise purchases, donations, event registrations, course or professional learning payments, application fees, tuition or student-account payments, or other transactions. These platforms may be operated by third parties, such as commerce platforms, payment processors, donation platforms, application platforms, event platforms, or student-account systems.

If you purchase merchandise through Erikson’s online shop, your transaction may be processed through a third-party commerce platform. Merchandise purchases, shipping, returns, refunds, taxes, fees, customer support, and related transaction matters may be governed by the third-party platform’s terms and policies, in addition to any Erikson-specific terms displayed at the point of purchase.

If you make a donation, payment, registration, application-fee payment, tuition/account payment, or similar transaction, you may be asked to provide information needed to process the transaction. Payment information may be collected and processed by third-party payment processors or platforms. Erikson is not responsible for third-party platform errors, outages, payment-card authorization issues, or the terms and privacy practices of third-party platforms.

All transactions are subject to availability, applicable fees, payment confirmation, platform requirements, and any additional terms presented at the time of transaction. Erikson may correct errors, cancel or refuse transactions, or issue refunds where appropriate and permitted by applicable law, institutional policy, or platform terms.

12. Account Creation and Use

To access and use portions of the Site or Services, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone, and you agree to notify us immediately of any unauthorized access to or use of your Account. By creating an Account, you represent that you are using your account for a lawful purpose – you may not use your Account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. All materials uploaded are subject to applicable federal, state, and international laws.

Accounts may be used for applications, student services, My.Erikson access, registration, course or program participation, professional learning, alumni directories, payments, donations, or other Erikson-related purposes. You are responsible for maintaining the confidentiality of usernames, passwords, application keys, access keys, and other credentials. You may not share credentials or allow unauthorized access to your account.

If you access education records, student records, applicant information, alumni information, or other restricted information through an account or portal, you agree to use that information only as authorized and in accordance with FERPA, Erikson policy, and applicable law.

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site if you violate any of the terms of this Agreement. Erikson will not be liable to you or any third party for any termination of your access to the Site for cause. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.

13. Submitted Materials

Certain Site features may allow you to submit information, comments, feedback, photographs, videos, documents, application materials, assignments, forms, inquiries, or other materials (“Submitted Materials”).

Submitted Materials provided in connection with applications, admissions, enrollment, student records, financial aid, academic work, research, clinical or community services, employment, donations, or other restricted institutional processes are handled under the applicable policies, consents, agreements, privacy notices, FERPA where applicable, and other legal requirements. Erikson does not treat those restricted submissions as public promotional content merely because they are submitted through the Site or Services.

For public-facing submissions, such as comments, testimonials, social media posts, event posts, photographs, videos, or other materials you intentionally submit for publication or public use, you grant Erikson a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and create derivative works from the submission for Erikson’s institutional, educational, promotional, archival, and operational purposes, subject to applicable law and any additional consent or release required by Erikson.

We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in our social media, emails/SMS and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

  • Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
  • Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
  • Violates a third party’s right to privacy or publicity;
  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
  • Contains epithets or other language or material intended to intimidate or incite violence;
  • Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
  • Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
  • Violates any applicable local, state, national or international law, or advocates illegal activity.

Since Erikson does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Erikson be liable in any way for Submitted Material made available through the Site or social media by you or any third party.

14. Intellectual Property

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, Erikson or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Erikson.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until Erikson gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Company name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Erikson’s prior written approval.

For permission to use Content from the Site or from marketing material authored and distributed by Erikson, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].

Subject to these Terms, Erikson grants you a limited, revocable, non-exclusive, non-transferable right to access and use Site content for personal, educational, informational, application, registration, or institutional purposes. You may download or print materials made available for that purpose, such as catalogs, brochures, application materials, event information, or program information, provided you do not remove proprietary notices or use the materials for unauthorized commercial purposes.

You may not use Erikson content to train artificial intelligence or machine-learning models, create datasets, develop competing services, or engage in scraping or automated extraction without Erikson’s prior written permission.

15. Claims of Infringement

Erikson respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Erikson will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Erikson will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Erikson’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
  • Provide your mailing address, telephone number and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to Erikson’s Designated Copyright Agent:

Designated Copyright Agent
Erikson Institute
451 N. LaSalle Street
Chicago, IL 60654-4510
Phone: 312-755-2250
Fax: 312-755-0928

While Erikson considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

16. Export Control

Software, technology, and related technical data made available through the Site or Services (“Software or Technical Data”) may be subject to U.S. export control laws and regulations, including the Export Control Reform Act of 2018 (50 U.S.C. §§ 4801–4852), the Export Administration Regulations (“EAR,” 15 C.F.R. Parts 730–774), and applicable sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You are responsible for complying with all applicable export, re-export, and import control laws and regulations.

You agree not to export, re-export, release, or transfer any Software or Technical Data, directly or indirectly, to (a) any country or region subject to comprehensive U.S. embargoes or sanctions; (b) any person or entity listed on the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) Denied Persons List or Entity List, or on OFAC’s Specially Designated Nationals (“SDN”) List; or (c) any end user for any prohibited end use under U.S. export laws.

You further represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to U.S. embargoes or sanctions, and that no U.S. government agency has suspended, revoked, or denied your export privileges.

17. Indemnification

You agree to defend, indemnify, and hold harmless Erikson, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site, or any other use of the Site or the Services using your computer, mobile device, including your Submitted Materials, misuse of accounts or credentials, violation of these Terms, violation of Erikson policies, violation of third-party rights, or unauthorized use of the Site, Services, or Erikson network resources.

18. Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” ADDITIONALLY, ERIKSON DOES NOT WARRANT THAT SITE CONTENT, PROGRAM DESCRIPTIONS, COURSE DESCRIPTIONS, SCHEDULES, ADMISSIONS INFORMATION, FINANCIAL-AID INFORMATION, TUITION OR FEE INFORMATION, EVENT INFORMATION, PROFESSIONAL LEARNING INFORMATION, RESEARCH CONTENT, OR OTHER INSTITUTIONAL INFORMATION WILL BE COMPLETE, CURRENT, ERROR-FREE, OR AVAILABLE AT ALL TIMES. OFFICIAL REQUIREMENTS, POLICIES, FEES, SCHEDULES, ELIGIBILITY CRITERIA, AND PROGRAM AVAILABILITY MAY BE GOVERNED BY SEPARATE ERIKSON DOCUMENTS, HANDBOOKS, CATALOGS, AGREEMENTS, NOTICES, OR OFFICIAL COMMUNICATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, ERIKSON DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL ERIKSON (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF ERIKSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ERIKSON’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ERIKSON’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ERIKSON DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

20. Release

If you have a dispute with us or one or more users of the Site or the Services, you release Erikson (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

21. Statute of Limitations

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. Termination

Erikson reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, Content, or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site or by notifying us in writing if you have an Account with us (subject to the terms of your agreement). Erikson also reserves the right, in its sole discretion, to cease providing the Site or Services at any time. Termination of access to the Site or Services does not necessarily terminate any separate relationship you may have with Erikson, such as student status, applicant status, employment, event registration, donation relationship, or contractual relationship, which may be governed by separate policies, agreements, or laws.

23. Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

24. Applicable Law; Jurisdiction/Venue

These Terms will be governed by the Federal Arbitration Act, applicable federal laws and the laws of the State of Illinois, as applicable, without regard to any conflict of laws principles. By using the Site, you waive any claims that may arise under the laws of other countries or territories.

25. Dispute Resolution; Class Action and Jury Trial Waiver

ARBITRATION NOTICE: These Terms require binding individual arbitration of certain disputes, including privacy-related claims arising from your access to or use of this Site, and waive the right to participate in class actions or jury trials.

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, claims arising from or relating to website tracking technologies, analytics tools, pixels, session replay, cookies, communications, or data collection practices), Erikson and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and Erikson do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Chicago, Illinois. Participation in mediation is a condition precedent to arbitration; however, failure to complete mediation shall not waive either party’s right to arbitrate.

If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Chicago, Illinois. The arbitration may be conducted in person or remotely. The seat of arbitration shall be Chicago, Illinois, regardless of whether the hearing is conducted remotely. The expenses of the arbitration will be shared equally by the parties, unless applicable law or the arbitrator requires a different allocation. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Erikson understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Judgment on the arbitrator’s award may be entered, and the award may be enforced, in any state or federal court located in Chicago, Illinois having jurisdiction.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Erikson will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be unenforceable as to a particular claim, then that claim shall be severed and proceed in court, and the remaining claims shall be arbitrated on an individual basis.

Administrative Coordination of Related Individual Arbitrations.  Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party may request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under Illinois law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim.

Bellwether Process.  If ten (10) or more similar arbitration demands are filed by the same counsel or coordinated counsel, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.

These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.

No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above.

To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year in an arbitration proceeding, regardless of any statute or law to the contrary. The limitation period shall be tolled during any required informal negotiation or mediation process. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Erikson is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Erikson understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Cook County, Illinois and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

26. General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Erikson may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and Erikson. Erikson does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Erikson’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms set forth the entire understanding and agreement between you and Erikson with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Prohibited Conduct; Security; Use of Account; Risk of Loss; Submitted Materials; Intellectual Property; Indemnification; Disclaimers; Limitation of Liabilities; Release; Severability; Applicable Law; Jurisdiction; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

27. ADA Compliance Comments and Suggestions

We are committed to making the website’s content accessible for all. Please see our Accessibility Statement here.  We know that sometimes accessibility links or codes may get broken and/or not function properly. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

28. Contact Us

If you have questions about these Terms or the Services, you may contact us as follows:

Erikson Institute
451 N. LaSalle Street
Chicago, IL 60654
Email: [email protected]
Phone: 312-755-2250