Terms & Conditions

v. 2

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND BRIDGEPOINT EDUCAITON, INC. (“BRIDGEPOINT,” “WE,” “OUR” OR “US”) STATING THE TERMS THAT GOVERN YOUR USE OF THE THUZE SERVICE AND CONTENT (EACH AS DEFINED BLEOW).  BY USING THE SERVICE OR CONTENT, YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICE OR CONTENT. 


This Agreement was last updated on April 30, 2013.


Certain Content contained within the Service may be subject to additional terms and conditions, including, without limitation, restrictions on use imposed by third party publishers.   (“Additional Terms”).  You agree to comply with any Additional Terms posted on thuze.com with respect to any such Content accessed through the Service, which Additional Terms are hereby incorporated into this Agreement by reference.


From time to time, we may change this Agreement or Additional Terms.  If we change this Agreement or Additional Terms, we will inform you by posting the revised Agreement or Additional Terms on www.thuze.com or within the Service.  Those changes will go into effect on the Revision Date shown in the revised Agreement or Additional Terms.  By continuing to access our Service, you agree to the revised Agreement or Additional Terms.


1. Defined Terms


  • “Alternative Content” means textbooks and other works of authorship made available by Bridgepoint in alternative forms of digital media for use outside of the Service for personal, non-commercial use, including, without limitation, audio files and .pdf files.

  • “Content” means textbooks and other works of authorship made available in digital format for visual interactive reading using the Service, including, without limitation, all text, images, illustrations, graphics, and other materials contained therein, as well as Alternative Content.

  • “Service” means the Bridgepoint proprietary Thuze eBook service, the Thuze website, the Software, the Content, any features and functionality of the foregoing, and any co-branded or white-labeled versions thereof.

  • “Software” means Bridgepoint’s proprietary Thuze software application for use on a compatible mobile device.

  • “User Postings” means all content and information you post or share using the Service, such as personal notes, tag marks, highlights, and other markings you make to the Content through the Service functionality, as well as posted comments, photos, images, and profile information you submit to User message boards through the Service.



2. License


Subject to your acceptance of this Agreement, we hereby grant to you a non-exclusive, non-transferable, revocable, limited license solely to access and use the Service for your personal, non-commercial use.  You agree not to use the Service for any other purpose, or to copy or distribute the Content of the Service except as specifically allowed in this Agreement.  We reserve the right to discontinue the Service or to change the Service in any way and at any time, with or without notice to you, and without liability to you.  We reserve the right to terminate your access to the Service without notice to you if we determine, in our sole discretion, that you have violated this Agreement.


3. Registration


In order to become a registered Thuze user (“User”) and use the Service, you must (i) be an individual, 18 years of age or older, and (ii) have a compatible mobile device or Web-browser, Internet access, an e-mail address.  Bridgepoint reserves the right to implement new eligibility criteria and/or modify existing eligibility criteria at any time.


4. Representations and Warranties


You hereby represent and warrant to Bridgepoint that: (i) you are 18 years old or older; (ii) you shall sign-up only once for the Service, and shall only maintain one account; (iii) you are a real person, and you shall not create, use, or employ computer generated programs, services, scripts or other automated means to access the Service benefits; (iv) you shall not transfer Content, or attempt to transfer Content by any means; (v) you shall provide Bridgepoint with valid and accurate information that is complete and current, and you shall update such information as soon as it changes in the event that it does; (vi) you shall pay any and all expenses associated with connecting to or using the Service, including, but not limited to, ISP charges, wireless carrier charges, data charges, Internet or telephone access, which shall be your sole expense and responsibility; (vii) you shall not resell or attempt to resell the Service; (viii) you shall use the Service for your personal, noncommercial, educational use only, and understand that Content may not be sold to institutional purchasers for institutional and/or commercial use, including but not limited to libraries, corporations, governmental entities, and other non-individual end users; and (ix) you will take necessary steps to assure the privacy and the security of any passwords or usernames/logins provided to you.


If you violate any of the representations and warranties as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your use of the Service and may cancel your access to the Service and the Content.


5. Account Access and Password


Upon registration you will be provided with a password that will allow you to access your Thuze account (via the Service) to access the selected Content and modify your account information. Each User must be logged into his/her respective account, in order to make changes.


Information you provide to the Service is subject to our Privacy Policy located at <https://www.thuze.com/privacy-policy.html>.Please read our Privacy Policy for information on how your data will be handled. If you choose to provide information to the Service, you agree to provide only true, accurate, current and complete information.


We reserve the right to terminate any account for abusive or fraudulent activity, invalid or fraudulent information, or if the User is no longer reachable at the e-mail address provided.


We are entitled to act on instructions received under your password. By creating a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You must report to us immediately if anyone uses your account without your consent, or you discover any security breach that relates to your User account, e-mail address, and other account information.


6. Restrictions


You shall not (and shall not allow any third party to):  (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise; (ii) attempt to discover any source code; (iii) modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; (iv) sell, resell, license, rent, lease, lend or otherwise transfer access to the Service to any third party; (v) distribute or make the Service available over any network; (vi) create obscene, defamatory or other works that would violate any applicable law, using the Service; (vii) attempt to gain access to any service, account, computer systems or networks associated with the Service, including without limitation Bridgepoint’s Thuze product, except with the prior authorization of Bridgepoint, including, without limitation, allow unauthorized users to use any usernames or passwords to access, view, use, or gain access to the Service; (viii) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any third party's use of the Service; (ix) upload any content owned by any third party onto or with the Service without the consent of such third party; or (x) take any action that would create obligations that would conflict with your obligations hereunder, including without limitation, creating modifications to the Service that contain code licensed under an Open Source License (as defined below), or using the Service to merge with, link to, make function calls to, or share data structures with software available under an Open Source License.  “Open Source Licenses” include, without limitation, any software license that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (A) disclosed or distributed in source code form, (B) licensed for the purpose of making derivative works, or (C) redistributable at no charge.  Any rights not expressly granted to you herein are reserved by Bridgepoint.


If you violate any of the foregoing restrictions as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your use of the Service and may cancel your access to the Service and the Content.


7. Software


If your primary access method is a mobile device, Bridgepoint’s Software is required to be downloaded and installed on a compatible mobile device in order to use and access the Service.All right, title and interest in and to the Software is the property of Bridgepoint. In addition to this Agreement, your use of the Software is governed by the terms of an end user license agreement that accompanies or is included with the Software (the “License Agreement”). Please carefully read the License Agreement to determine the full extent of conditions governing the use of such Software.


8.  Ownership of Intellectual Property


a) Other than User Postings available on or through the Service, all software, text, visual, audio, and other media content and Bridgepoint’s trademarks and logos, including Thuze, are owned by or licensed to Bridgepoint and are protected under U.S. and international laws.


b) All Content is owned or licensed by Bridgepoint or third party publishers, and are protected under U.S. and international laws and are subject to the terms and conditions established by each publisher.


You do not acquire ownership rights in the Content, the Software or the Service by using the Service, downloading material from or uploading material to the Service.


d) You agree not to copy, redistribute, publish or otherwise exploit, the Content, the Software or exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Bridgepoint.


e) All comments, feedback, suggestions, ideas and other submissions (“Feedback”) transmitted to Bridgepoint in response to questionnaires, surveys, and other solicitations in connection with your use of the Service shall be the exclusive property of Bridgepoint.  You agree that unless otherwise prohibited by law, Bridgepoint may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to you.


9. User Postings


The Service may allow you to generate User Postings.  All User Postings will be treated as non-confidential and non-proprietary. You hereby grant to us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, edit, reformat, translate, archive, store, cache, or otherwise exploit in any manner whatsoever, all or any portion of your User Postings to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula, network or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.  You represent and warrant that you own all rights to your User Postings or, alternatively, that you have the right to grant us the rights described above.  You also represent and warrant that your User Postings do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.  You acknowledge that we have no obligation to accept, display, review, monitor or maintain any User Postings.  You agree that we have the right to delete User Postings from the Service without notice in our sole discretion at any time and for any reason.


You are responsible for your use of the Service, and for any use of the Service made using your account.  Bridgepoint desires to create a positive and safe community experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users, the publishers or to Bridgepoint. 


You may not use the Service to:


  • violate any law or regulation;

  • violate or infringe any person’s intellectual property, privacy, publicity, or other legal rights;

  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;

  • transmit any malicious or unsolicited software;

  • stalk, harass, or harm another individual;

  • impersonate any person or entity, or misrepresent your affiliation with a person or entity;

  • use automated methods to use the Service in a manner that sends more requests to the Bridgepoint servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or

  • interfere with or disrupt the Service.



If you violate any of the foregoing rules as determined by Bridgepoint, in its sole discretion, Bridgepoint shall be entitled to terminate your use of the Service and may cancel your access to the Service and the Content.


10.  Use of Content


You understand and agree that the Content provided through the Service or otherwise made available to you outside of the Service for access, viewing, download, audio playback or otherwise, is owned or licensed Bridgepoint or by third-parties.  All Content is licensed, not sold.  Third-party Content may be licensed under separate terms and conditions of use, including, without limitation, the Additional Terms.  Each publisher of the Content reserves the right to enforce the terms and conditions of use applicable to such Content.  Bridgepoint is not responsible for any third-party Content.  If you purchase a license to or subscribe to any Content, you will receive a limited right to use your selected Content for your personal use, subject to the terms and conditions of this Agreement and each publisher’s terms and conditions.  You represent and warrant to Bridgepoint that (i) you will download, access, playback, display and view the Content only on a single device for personal use, unless otherwise expressly provided in the publisher’s terms and conditions of use; (ii) you will comply with the terms and conditions of use established by the publisher for each respective Content; (iii) you will not print all or a large portion of any Content or try to circumvent the printing limitations of the Service or any Content files; (iv) you will not allow the Content to be viewed, listened to or accessed by multiple users, whether online or through other display or playback; (v) you will not copy, modify, create a derivative work of, adapt, transmit, distribute, forward, sell, rent, lease, lend, or sublicense the Content; and (vi) you will not reverse engineer, disassemble, decompile, decrypt, rip, or attempt to discover the source code of any Content.


11.  Termination


You understand and agree that Bridgepoint will determine your compliance with this Agreement in its sole discretion. Bridgepoint reserves the right to deny access to all or part of the Service or any Content and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities. Upon termination of your user account or access to the Service or Content, or upon demand by Bridgepoint, you must destroy all materials obtained from this Service and all related Content and documentation.  If the Service is terminated for any reason, you will no longer have access to the Content or User Postings.  Upon termination of the Service and/or access to the Content, your User Postings may be deleted.  Bridgepoint shall not be responsible for the loss or damage to User Postings.


12. Government Regulations


For United States Government procurements, the software associated with the Service is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software—Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations.  Any use, modification, reproduction, performance, display, or disclosure of such software by the U.S. Government shall be solely in accordance with the terms of this Agreement. You acknowledge that the software associated with the Service and related technical data and services (collectively “Controlled Technology”) is subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported.  You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. 


13.  Disclaimer; Limitations of Liability


  a) THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” AND WITH ALL FAULTS.  BRIDGEPOINT DOES NOT GRANT, AND USER DOES NOT RECEIVE, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH USER, OR OTHERWISE.  BRIDGEPOINT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR PERFORMANCE, CONCERNING THE SERVICE, THE CONTENT OR ANY MODIFICATIONS THERETO.  WITHOUT LIMITING THE FOREGOING, BRIDGEPOINT GRANTS NO WARRANTY THAT THE SERVICE OR ANY CONTENT IS ERROR-FREE, SECURE, OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY.  BRIDGEPOINT DOES NOT GRANT ANY WARRANTY WITH RESPECT TO THE COMPATIBILITY OF THE SERVICE OR CONTENT WITH ANY COMPUTER SYSTEM OR DEVICE.  USER ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, BY BRIDGEPOINT IN ENTERING INTO THIS AGREEMENT OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BRIDGEPOINT OR THROUGH THE LICENSED APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.


  b) BRIDGEPOINT IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT OBTAINED THROUGH THE SERVICE, OR USER’S USE OF SUCH CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT THERETO, INCLUDING WITH RESPECT TO ITS ACCURACY OR COMPLETENESS.  USER ACKNOWLEDGES AND AGREES THAT ANY CONTENT, MATERIAL OR INFORMATION DOWNLOADED, VIEWED, ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR OTHERWISE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH USE. 


  c) IN NO EVENT SHALL BRIDGEPOINT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING LOST PROFITS AND LOSS OF DATA), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, EVEN IF BRIDGEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BRIDGEPOINT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM ANY USE OF THE SERVICE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE OR LOSS WITH RESPECT TO COMPUTER SYSTEMS, DEVICES, OR SOFTWARE USED TO ACCESS THE SERVICE OR ANY CONTENT.  IN NO EVENT SHALL BRIDGEPOINT’S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT EXCEED ONE DOLLAR ($1.00). 


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent Bridgepoint may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bridgepoint’s liability will be the minimum permitted under such law.


14.  Indemnification


You agree to indemnify, defend, and hold harmless Bridgepoint and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Postings) that you or anyone using your account submits, posts, or transmits through Service; (b) the use of the Service by you or anyone using your account; (c) the violation of this Agreement by you or anyone using your account; and (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.  Bridgepoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with Bridgepoint in such defense.


15. Miscellaneous


a) Name and Address of Bridgepoint.  User questions, complaints or claims with respect to the Service should be directed to Bridgepoint at the address set forth below:



  • Bridgepoint Education, Inc.

  • 13500 Evening Creek Drive North, Suite 600

  • San Diego, CA 92128

  • Attention: Products Department

  • Phone: 866.475.0317

  • E-mail: info@thuze.com


b)  Independent Contractors.  This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties.  The parties shall at all times be and remain independent contractors.  Except as expressly agreed by the parties in writing, neither party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.


c)  Applicable Law and Venue.  This Agreement shall be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof.  The parties agree that jurisdiction over and venue in any legal proceeding arising out of or relating to this Agreement will exclusively be in the state or federal courts located in San Diego, California, and each party expressly consents to personal jurisdiction in California and expressly waives any right to challenge that venue is proper in San Diego, California. 


d)  Assignment.  This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, provided, however, that User may not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Bridgepoint, and any such attempted assignment shall be void. 


e)  Severability.  If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.


f)  Survival.  Sections 6 through 15 shall survive the expiration or termination of this Agreement.


g)  Force Majeure.  Bridgepoint shall not be liable for failure to perform hereunder due to the inability of User or any other person to connect to the Internet, or any other failure or unavailability of Internet connectivity or availability for any cause whatsoever, fiber optic cable cuts, interruption or failure of digital transmission links, hacker attacks, acts of God or nature, or any other cause beyond the control of Bridgepoint.


h)  Waiver.  The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default. 


i)  Entire Agreement.  This Agreement, together with all documents referenced herein, is the entire agreement between User and Bridgepoint, and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof.