Last updated: May 22, 2023
VanguardPub – Personalized Courseware
Welcome to VanguardPub. Your access to and use of the VanguardPub website and its associated services (collectively, the “Services”) are conditioned upon your acceptance of and compliance with these Terms and Conditions (“Terms”). These Terms apply to all visitors, users, and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Services.
The term ‘VanguardPub’ or ‘Website’ or ‘Us’ or ‘We’ refers to the owner of the website which provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms. The term “you” refers to the user or viewer of our website and Services.
VanguardPub reserves the right to update and change these Terms at any time. Such changes will become effective immediately upon posting to our website. Your continued use of the Services after such changes constitutes your agreement to such changes. We will endeavor to notify you of any significant changes to these Terms, but it is your responsibility to review them periodically.
Intellectual Property Rights
Ownership and Restrictions: All intellectual property rights in and to the website, its content, and all materials therein or transferred thereby, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, are the exclusive property of VanguardPub or its licensors. The content and materials on the website may not be used, reproduced, transmitted, distributed, or otherwise exploited in any way that is not expressly permitted by these Terms.
License to Use: Subject to your compliance with these Terms, VanguardPub grants you a non-exclusive, non-transferable, revocable license to access and use the website and the Services strictly in accordance with these Terms. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by VanguardPub, in the manner permitted by these Terms. You shall not duplicate, copy, or reuse any portion of the visual design elements or concepts without express written permission from VanguardPub.
User-Generated Content: In cases where you are allowed to submit, post, or transmit your own content, you hereby grant VanguardPub a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services and VanguardPub’s business.
Use of Services and Restrictions
Access and Use: You are granted permission to access and use the Services as set forth in these Terms, provided that:
Availability: While we strive to ensure the Services are available twenty-four hours a day, we do not guarantee that the Services or any content will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
Account Security: You are responsible for safeguarding the password that you use to access any secure areas of the Services. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.
Content and Service Changes: VanguardPub continually updates the Services, including the content and functionality of the Services. Such changes may be made at the discretion of VanguardPub without notice to you.
Specific Service Terms
Educational Courseware and Content: The Services provided by VanguardPub include access to educational courseware, AI-enhanced case studies, data analytics tools, and other related educational content (“Educational Services”). These services are designed for both individual learning and institutional teaching purposes.
Courseware Usage: You may use the courseware for your personal education or, if you are an educator, in your classroom setting. Redistribution or commercial use of the courseware without express permission from VanguardPub is prohibited.
AI-Enhanced Tools and Data Analytics: When using AI-enhanced tools and data analytics services, you agree to provide accurate and non-misleading information. VanguardPub is not responsible for the accuracy of data inputted into these tools by users.
Access to Case Studies and Datasets: Case studies and datasets provided are for educational purposes only. You are not permitted to use these for commercial purposes or to publish them externally without VanguardPub’s prior written consent.
Intellectual Property in Educational Content: All intellectual property rights in the educational content, including case studies, datasets, and course materials, remain the property of VanguardPub or its licensors. You are granted a limited license to use such materials solely in connection with the Services as permitted by these Terms.
Updates to Educational Content: VanguardPub reserves the right to update, modify, or discontinue any educational content or tools provided as part of the Services at its sole discretion without notice.
Feedback on Courseware: Any feedback, suggestions, or ideas provided by you regarding the courseware or other educational services can be used by VanguardPub without any obligation to you.
Limitations in Educational Use: The Services are not intended to be a substitute for professional advice or a formal educational program. While we strive to provide high-quality educational content, we make no warranties regarding the impact or effectiveness of the content in achieving educational goals.
User Accounts and Registration
Account Creation: To access certain features of the Services, you may be required to create an account with VanguardPub. In creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms and to maintain and promptly update any such information to keep it accurate, current, and complete.
Account Responsibility: You are responsible for all activities that occur under your account. You agree to notify VanguardPub immediately of any unauthorized use of your account or any other breach of security. VanguardPub will not be liable for any loss or damage arising from your failure to comply with this section.
Data Accuracy: By registering, you warrant that the information provided for your account is true, accurate, current, and complete and you agree to maintain the accuracy of this information.
Account Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account.
Third-Party Authentication: If the Services or any part thereof is accessed through a third-party service or application, you authorize VanguardPub to access and use your information from such third-party service as permitted by that service to provide you with the Services.
Account Termination: VanguardPub reserves the right to terminate your account or your access to the Services at any time, including in the case of your actual or suspected unauthorized use of the Services or non-compliance with these Terms.
Restricted Access
VanguardPub maintains certain areas of the website that are restricted and can only be accessed by authorized users. We reserve the right, at our sole discretion, to restrict access to specific areas of our website, or indeed to our entire website. This may include, but is not limited to, sections containing proprietary courseware, specialized tools, or exclusive content.
If you are provided with a username and password to access these restricted areas, you are responsible for maintaining the confidentiality of your login credentials. You agree to accept responsibility for all activities that occur under your account. This responsibility includes the safeguarding of your username and password, and ensuring that no unauthorized person has access to them.
In the event of any unauthorized use of your account or any breach of security, you must immediately notify VanguardPub by contacting our support team. The appropriate contact information for such notifications will be made available on the website.
VanguardPub reserves the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. This action can be taken if we believe there has been or is likely to be a breach of security, misuse of the website, or in case of any breach of your contractual obligations to VanguardPub.
Payments, Fees, and Refunds
Service Fees: VanguardPub provides certain services that may be subject to fees or charges. These fees and associated services will be clearly described on the website. By electing to use these paid services, you agree to the pricing, payment, and billing policies as stated and as updated from time to time by VanguardPub.
Payment Terms: Payment for services offered by VanguardPub is required in advance. You agree to pay all fees and charges associated with the service promptly. Payments are processed through secure, third-party payment gateways. VanguardPub disclaims responsibility for any issues arising from transactions processed by these third-party gateways.
Subscription Services: VanguardPub may offer services on a subscription basis. In such cases, billing will occur on a recurring basis as specified at the time of subscription. The subscription fee and billing cycle details will be provided on the Services page.
Refund Policy: All purchases and payments for services provided by VanguardPub are generally final and non-refundable. However, if you experience technical issues that prevent access to the service and if such issues are solely attributable to VanguardPub and cannot be rectified within a reasonable timeframe, you may be eligible for a refund. To initiate a refund request, you must contact VanguardPub within 30 days of the issue arising, providing detailed information about the nature of the access problem. Refund eligibility will be determined at the sole discretion of VanguardPub after a thorough investigation of the issue.
Changes in Fees: VanguardPub reserves the right to modify its fees and to introduce new charges at any time, upon reasonable notice provided to you. Such changes will not affect charges incurred before the notice was provided. Continued use of VanguardPub’s services after the fee change constitutes your agreement to pay the modified fee amount.
Cancellation Policy: Subscriptions to VanguardPub’s services can be canceled at any time. Please note that cancellations will take effect at the end of the current billing cycle, and no pro-rata refunds will be provided for the remaining period of the subscription, unless specified otherwise in the Refund Policy due to technical issues as outlined above.
User Conduct and Responsibilities
As a user of VanguardPub’s Services, you are expected to adhere to the highest standards of professionalism, courtesy, and respect in all interactions within the platform. This includes interactions with other users, the use of any communication tools provided by the Services, and the submission or sharing of content. You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Services.
Prohibited Activities: You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Specifically, you agree not to:
Responsible Use of Educational Content: When accessing VanguardPub’s educational materials, including courseware, AI-enhanced tools, and datasets, you must use these resources in a manner consistent with their intended educational purpose. Misuse, such as misrepresentation of their source, unauthorized sharing, or use for plagiarism, is strictly prohibited.
Accurate Information and Account Security: You are responsible for providing accurate and current information when creating and updating your account and for maintaining the confidentiality of your account information. Violation of these responsibilities may result in suspension or termination of your access to the Services, at VanguardPub’s discretion.
Reporting Misconduct: If you encounter any behavior or content that violates these Terms, you are encouraged to report such incidents to VanguardPub using the provided contact form.
Disclaimers and Limitations of Liability
Service “As Is”: The Services are provided “as is” and “as available”. VanguardPub and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VanguardPub, nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
Accuracy of Materials: The materials appearing on VanguardPub’s website could include technical, typographical, or photographic errors. VanguardPub does not warrant that any of the materials on its website are accurate, complete or current. VanguardPub may make changes to the materials contained on its website at any time without notice.
Limitation of Liability: In no event will VanguardPub, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data.
General Representation and Warranty: You represent and warrant that your use of the Services will be in strict accordance with the VanguardPub Privacy Policy, with these Terms, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
Indemnification by User: You agree to indemnify, defend, and hold harmless VanguardPub, its affiliates, contractors, licensors, and their respective directors, officers, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity. VanguardPub will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Liability Cap: To the fullest extent permitted by law, in no event will VanguardPub’s aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount you paid VanguardPub, if any, in the past six months for the Services giving rise to the claim.
Survival of Indemnification Obligations: This indemnification obligation will survive the termination of these Terms and your use of the Services. It is intended to apply to a broad range of potential liabilities, including, but not limited to, any violations of terms, misuse of the service, or infringement of intellectual property rights.
Termination and Suspension of Services
Right to Terminate: VanguardPub reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.
Effect of Termination: Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. VanguardPub shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
User’s Right to Terminate: You may terminate these Terms at any time by ceasing all use of the Services and deleting all VanguardPub materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these Terms or otherwise.
Survival: Sections relating to Intellectual Property Rights, User-Generated Content, Indemnification, Disclaimers, Limitations of Liability, and Miscellaneous Provisions shall survive any termination of these Terms.
Links to Other Websites
Third-Party Links: The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by VanguardPub. VanguardPub does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that these Terms and VanguardPub’s Privacy Policy do not apply to your use of such sites.
External Sites: You expressly relieve VanguardPub from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that VanguardPub shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Linking Policy: You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray VanguardPub or any of its services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time.
Dispute Resolution Mechanism
To ensure a prompt and cost-effective resolution of disputes, controversies, or claims arising out of, relating to, or in connection with these Terms or the Services (collectively, “Disputes”), you and VanguardPub agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to VanguardPub.
If the Dispute is not resolved through informal negotiations, the Dispute shall be finally and exclusively resolved through binding arbitration. Any arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and will be held in Sheridan, Wyoming, USA, where Vanguard Technologies LLC, the operator of VanguardPub, is located. The arbitration will be conducted in English, and the arbitral decision may be enforced in any court. The prevailing party in any arbitration or legal action related to these Terms shall be entitled to recover all legal expenses incurred in connection with the arbitration, including but not limited to attorney’s fees.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VANGUARDPUB ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND VANGUARDPUB 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.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Wyoming, United States, not including its conflicts of laws principles. Any claim or dispute between you and VanguardPub that arises in whole or in part from the Services or these Terms shall be decided exclusively by a court of competent jurisdiction located in Sheridan County, Wyoming, except that either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of their copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The address for Vanguard Technologies LLC, the operator of VanguardPub, for such notices is 30 S Gould Street, Sheridan, WY 82801.
By using the Services, you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Amendments to Terms and Conditions
Right to Amend: VanguardPub reserves the right to amend these Terms at any time and without notice. Any changes to these Terms will be effective immediately upon posting on our website. You are encouraged to periodically review these Terms to stay informed of updates.
Acceptance of Changes: Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Notification of Changes: While we will endeavor to provide direct notification of substantial changes to these Terms where possible, it is your responsibility to keep yourself informed of any changes.
Miscellaneous Provisions
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
No Waiver: No waiver by VanguardPub of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VanguardPub to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign any of your rights under these Terms, and any such attempt will be void. VanguardPub may, without restriction, assign its rights and obligations under these Terms.
Entire Agreement: These Terms constitute the entire agreement between you and VanguardPub regarding the use of the Services, superseding any prior agreements between you and VanguardPub relating to your use of the Services.
Contact Information: Questions about these Terms should be sent to using this form.
By using the Services, you acknowledge that you have read and understand these Terms and agree to be bound by them.
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