Hardware & software requirements - CTU Online

14. Agreement to Arbitrate: Any disputes, claims, or controvers ies between the parties to this Enro llment Agreement arising out of or
relating to (i) th is Enrollment Agreement; (ii) the Student 's recruitment, enrollment, attendance, or education; (iii) financial aid or
career service assistance by CTU Online; (iv) an y claim, no matter how described, pleaded or styled, relating, in any manner, to any
act or omission regarding the Student’s relationship with the University, its employees, or with externship sites or their employees; or
(v) any objection to arbitrability or the existence, scope, validity, construction, or enforceability of this Arbitration Agreement shall be
resolved pursuant to this paragraph (the “Arbitration Agreement”). For purposes of this Section, the term “CTU Online” includes the
School, its officers, directors and employees, and its affiliates, subsidiaries and parents, and any officers, directors, and employees of
such entities. This Arbitration Agreement will not apply to claims by either party against the other for relief of $5,000 or less, or any
claim that could be brought in a small claims court or other court of competent jurisdiction for claims not exceeding $5,000. Choice of
Arbitration Provider and Arbitration Rules - Unless the part ies agree to an alternative, the arbitration shall b e administered by the
American Arbitration Asso ciation ("AAA"). The arbitration shall be before a single arbitrator. The AAA' s Commercial Arbitration
Rules, and applicable supplementary rules and procedures of the AAA, in effect at the time the arbitration is brought, shall be applied.
Copies of the A AA’s Rules m ay be o btained fr om the CTU Online Ch ancellor’s office. Location of arbitratio n – All in-perso n
hearings and conferences in the arbitration shall take place in a locale near Student, so long as that location is in the continental United
States or unless the Student and University agree otherwise. In t he event the Student is not loca ted in the cont inental Unites States,
such in-person hearings and conferences requested by the Student in the arbitration shall take place in a lo cale near the University’s
Illinois offices, unless the Student and Univ ersity agree otherwise, or the arbitrator directs a diff erent locale based upon th e location
and convenience of the necessar y witnesses. Language - The language of th e arbitration shall be in English. A ny party desiring or
requiring a different language shall bear the expense of an interpreter. Choice of Law - The arbitrator shall apply federal law to the
fullest extent possible, and the substantive and p rocedural provisions of the Fed eral Arbitration Act (9 U.S.C . §§1-16) shall g overn
this Arbitration Agreement and an y and all issues relating to the enforcement of the Arbitration Agreement and the arbitrability of
claims between the part ies. Costs, fees, and expenses of arbitra tion - Each party shall bear th e expense of its own counsel, exp erts,
witnesses, and preparation and p resentation of proofs. All fees and expenses of the ar bitrator and administrative fees and expenses of
the arbitration shall be paid b y the parties as provided b y the AAA’s Co mmercial Arbitration Rules, including the Supplementar y
Procedures for Consumer-Related Disputes, to the extent app licable, unless otherwise provided by the rules of the AAA governin g
the proceeding, or by specific ru ling by the arbitrator, or by agreement of the par ties. Information about th e arbitration process also
can be obtained from: AAA at www.adr.org. or 1-800-778-7879. Relief and r emedies - The arbitrator shall h ave the authority to
award monetary damages and may grant any non-monetary remedy or r elief available by applicable law and ru les of the arbitr ation
forum governing the proceeding and within the scope of this Enrollment Agreement. The arbitrator will have no authority to alter any
grade given to the Student or to require the University to change any of its policies or procedures. The arbitrator will have no authority
to award consequential damages, indirect damages, treble damages or punitive da mages, or any monetary damages not measured by
the prevailing party's economic damages. The arbitrator will have no authority to award attorney's fees except as expressly provided
by this Enrollment Agreement or authorized by law or the rules of the arbitr ation forum. Class and consolidated actions - There shall
be no right or authority for any claims within the scope of this Arbitration Agreement to be arbitrated or litigated on a class basis or
for the cl aims of m ore than one Student to b e arbitr ated or litigated jointly or consolidat ed with an y o ther Student 's cl aims.
Arbitrator’s Award – At the request of either pa rty, the arbitrator shall render a written award briefly setting forth his or her esse ntial
findings and co nclusions. Judg ment on th e award rend ered by the arbitrator may be enter ed in any court having jurisdiction.
Severability and right to waive - If an y part or parts of this Ar bitration Agreement are found to be invalid or unenforceable by a
decision of a tribunal of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, but
the remainder of this Arbitratio n Agreement shall cont inue in full force and eff ect. An y or all of the lim itations set forth i n this
Arbitration Agreement may be specifically waived by the party against whom the claim is asserted. Such waiver shall not waive or
effect any other portion of this Arbitration Agreement. Survival of provisions o f this agr eement – This Arbi tration Agreement will
survive the termination of the Student's relationship with the University.
15. Notice: An y holder of this consumer credit cont ract is subject to all cl aims and defens es which the debtor cou ld assert against the
seller of goods or services obtain ed pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not e xceed
amounts paid by the debtor hereunder.
16. Assignment: None of the rights of the Student o r the Student’s p arent under this Enrollment Agreement are assignable to any other
person or entity.
17. Entire Agreement: Th is Enr ollment Agre ement constitutes the entire agreement betwe en t he CTU Onl ine and the Stud ent
concerning all aspects of the ed ucation and tra ining the Student will be provide d by the Univ ersity. B y signing this agreem ent, the
Student agrees that no binding promises, repr esentations or s tatements have be en m ade to the Student b y CTU Online or an y
employee of CTU Online regarding any aspect of the education and training the Student will receive from the University or prospects
of employment or salary upon graduation that are not set forth in writing in this Enrollment Agreement. CTU Online will not be
responsible for any representation, statement of policy, career planning activities, curriculum or facility that does not app ear in this
Enrollment Agreement or the University catalog.
18. Electronic Correspondence: The undersigned provides consent to receive and/ or sign electronic records , and to confirm the
undersigned’s abilit y to access all of the d isclosures, records, and other infor mation provided in el ectronic f orm. If the stud ent
withdraws consent, the terms of the previously delivered Electronic Records will continue to apply to his/her related transactions with
CTU Online . Use of the Servic es includ es agr eement to the terms of the previ ously d elivered Electronic Re cords. W ithdrawal o f
consent to receive Electronic Records will not change the fact that terms were agreed to when the Service was first used.
BE SURE TO READ ALL PAGES OF THIS AGREEMENT AS THEY ARE ALL PART OF YOUR CONTRACT WITH THE UNIVERSITY.
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Colorado Technical University Online
4435 North Chestnut Street, Suite E ∗ Colorado Springs, CO 80907 ∗ Tel: 800-416-8904 ∗ www.ctuonline.edu