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Terms of Use

Please read these Terms of Use (together with the Privacy Notice, these “Terms”) carefully. These Terms constitute a binding agreement between you and Guild Education, Inc. (“Guild,” “we,” or “us”). Your access to or use of any of Guild’s Services (more fully described below) constitute your agreement to these Terms (including our Privacy Notice). If you do not agree to these Terms, then you are not authorized to access or use any of our Services.  

Introduction

Guild provides education benefits management administration and management, tuition assistance and reimbursement, access to educational content and programs through Guild’s network of learning partners, academic and career coaching (“Coaching”), and other products and services (collectively, the “Services”). You may access the Services through our website www.guild.com and various other digital platforms operated by Guild (each, a “Website”), or through your online and offline interactions with Guild (such interactions and each Website are treated as part of the “Services” for purposes of these Terms). Guild provides you, as a user of the Services (a “User”) the ability to access information, data, and content (“Content”) on a variety of topics related to the Services (such Content (excluding User Content, as defined below) is included as part of the “Services” for purposes of these Terms).

Through the Services, Guild enables prospective or attending students and learners to engage with courses, workshops, training, and other educational programs and events (“Programs”) offered by us and our partnering educational institutions, universities, colleges, or other entities accepted by Guild into Guild’s network, including any Employer (defined below) that provides Programs directly (“Learning Partner”). The Services also enable Employers and other sponsors to view Content, fund educational opportunities for current and former employees and other sponsored individuals, and track progress in participating in Programs. 

PLEASE CAREFULLY READ THESE TERMS. BY ACCESSING OR USING THE SERVICES OR CONTENT, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE SERVICES OR CONTENT, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS (INCLUDING THE ELIGIBILITY QUALIFICATIONS) INCLUDED IN THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GUILD ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THIS PARAGRAPH IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.

These Terms include and hereby incorporate Guild’s current Privacy Notice (the “Privacy Notice”). Capitalized terms not defined in these Terms have the meanings set forth in the Privacy Notice. You are responsible for compliance with these Terms (including the Privacy Notice). By submitting any Personal Information to us, you acknowledge that you have read the Privacy Notice that describes our collection, use, and sharing of your Personal Information.


These Terms are the complete and exclusive agreement between you and Guild regarding your access to and use of the Services. These Terms supersede any prior agreement or proposal, oral or written, and any other communications between you and Guild relating to your use of the Services as a User.

1. Eligibility

The Services are intended for legal use by individuals 13 years of age and older. You may not use the Services in any manner if you are under the age of 13 and any registration by anyone under 13 is void. If you are 13 or older but younger than 18, then you may access and use the Services only if your parent or guardian accepts these Terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of an individual age 13 or older but under 18, then you agree that you will be solely responsible for all access to and use of the Services.

1.2 International Users

Given the nature of the Internet, our Websites may be accessed in other parts of the world. If you are not a resident of the United States and you use a Website or the Services, you understand and agree that you are doing so on your own initiative and at your own risk. If you are located outside of the United States, by using the Websites or Services, or by submitting any Personal Information to us, you expressly consent to the transfer, processing, and storage of your Personal Information to and in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside.

1.3 Data Privacy

You expressly consent to the use and disclosure of your Personal Information and other data and information as described in the Privacy Notice. Guild will have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) (“Usage Data”) resulting from your access to and use of the Services. To the extent any Usage Data is collected or generated by Guild, such Usage Data is solely owned by Guild and may be used by Guild for any lawful business purpose without a duty of accounting to you, provided that the Usage Data is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.

1.4. Revisions to These Terms

Except as otherwise required by applicable law, we reserve the right, in our sole discretion, to revise any or all of these Terms at any time, in whole or in part, by posting an updated version through the Services, without prior notice, and changes to these Terms will be effective when you next access the Services. You agree to visit this page periodically to review the most current Terms and, except as otherwise required by applicable law, your continued use of the Services after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using our Services.

2. Use of the services

2.1. Accounts

You are permitted to access certain Websites and portions of the Services without establishing a user account.  However, access to and use of certain portions of the Services may require that you establish a user account (an “Account”). Approval of your request to establish an Account will be in Guild’s sole discretion. If you are the Account Authority, you may authorize designated Users to access and use the Services on your behalf through your Account (you and each such User, as applicable, a “User” of your Account). If you are an individual, then you may access and use the Services through your Account as the sole User of your Account using a user identification and password of your own choosing (the “Account ID”). Each Account ID is personal in nature and may be used only by you, or, as applicable, another Account Authority that you designate and with whom you share your Account ID.

You are solely responsible for all use of the Services through your Account, and Guild may deem any actions taken through your Account to have been authorized by you. You will ensure the security and confidentiality of your Account ID and will notify Guild immediately if any Account ID is lost, stolen, or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of your Account or under your Account ID (whether lawful or unlawful) and any transactions completed through your Account or under your Account ID will be deemed to have been lawfully completed by you.

In connection with establishing an Account, you will be asked to submit certain information about yourself (“Registration Information”). You agree that: (a) all such information that you provide will be accurate, complete, and current; (b) you will maintain and promptly update all such information to keep it accurate, complete, and current; and (c) you will not provide any information belonging to another person with the intent to impersonate that person. Before posting any Registration Information of any individual associated with your Account, you are responsible for obtaining any and all authorizations required by applicable law to authorize the sharing of their Registration Information, including their Personal Information. Guild is not liable for any invasion of privacy or other claim that may be asserted by any individual related to your Account as a result of your posting of Registration Information regarding an individual related to your Account and the subsequent sharing of that information with any other party as described in the Privacy Notice. By providing Registration Information, you authorize Guild to use, process, and disclose such information as described in the Privacy Notice. The individual who establishes your Account (the “Account Authority”) will have control over your Account, unless you designate a different Account Authority as specified below.

Guild may deem the Account Authority to have full authority for all decisions relating to your Account, including: (i) addition or removal of Users; (ii) permissions to access your Account; (iii) disputes regarding your Account; (iv) notices and other communications relating to your Account; and (v) any other decisions that may be required regarding your Account. There must be one and only one Account Authority for each Account at all times. The initial Account Authority must be designated in the initial request to establish an Account. If an initial Account Authority is not designated, the individual requesting to establish an Account shall be deemed the initial Account Authority for that Account.

The Account Authority may be changed: (1) by an email sent to [email protected] from the registered email address of the current Account Authority; (2) by bona fide legal written notice provided to Guild; or (3) as separately set forth by Guild. It is your responsibility to properly designate a new Account Authority whenever appropriate.

In the event of a dispute where multiple persons claim to be the rightful Account Authority, Guild reserves the right, at its sole discretion, to suspend all access to your Account until an Account Authority is properly designated to Guild’s sole satisfaction.

2.2. Ownership

As between you and Guild, Guild or its licensors are the exclusive owners of the Services, including the databases, software, hardware, and other technology used by or on behalf of Guild to operate the Services, and the structure, organization, and underlying data, designs, text, graphics, images, videos, information, logos, button icons, audio files, computer code, and other Content. Guild retains all right, title, and interest, including all IPR (as defined below) in the Services, and all Content available through the Services, and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the foregoing and you are not granted any right or license to use the Services, apart from your ability to access the Services under these Terms.

The Guild name, logo, and all product and service names associated with the Services are trademarks of Guild and its licensors and providers and you are granted no right or license to use them. “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

2.3. Limited License

Subject to these Terms, you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use the Services for your own personal use and otherwise engaging directly with Guild and other Users. Any other use is expressly prohibited. This license is revocable by Guild at any time without notice and with or without cause, subject to any rights that your Employer may have secured on your behalf.

You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Content; or (c) alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any Content, or any IPR therein or related thereto. If you would like to use the Content in a manner not permitted by these Terms, please contact Guild at the email address provided in Section 7.7 below.

2.4. Prohibited Use

You shall use our Services only for their intended purpose and in compliance with all applicable laws. You shall not, and shall not permit any third party to use the Services or the Programs in any way or take any action that, in Guild’s sole discretion actually or potentially:

  1. Violates these Terms, including, without limitation, the Privacy Notice or any applicable laws, rules, or regulations;
  2. May cause damage to the Services or impairment of the performance, availability, or accessibility of the Services;
  3. Attempts to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to Accounts or the technology and equipment supporting our Services;
  4. Attempts to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services;
  5. Interferes with the operation or hosting of the Services;
  6. Alters, modifies, reproduces, or creates derivative works of the Services;
  7. Frames or links to our Services without our prior written permission;
  8. Is unlawful, illegal, fraudulent, harmful, harassing, abusive, tortious, defamatory, threatening, invasive of another’s privacy, trade libelous, or that promotes any of the foregoing;
  9. Attempts to copy, store, host, transmit, send, use, publish, or distribute any material consisting of (or linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software; 
  10. Introduces software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, deep link, or mine Content from the Services (except that Guild grants the operators of public search engines revocable permission to use spiders to copy materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); 
  11. Constitutes an infringement, misappropriation, or violation of IPR or other rights of any third party; 
  12. Is false, misleading, or impersonates another person, or misrepresents your affiliation with a person or entity; 
  13. Is vulgar, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; 
  14. Is harmful to minors in any way; 
  15. Would cause Guild to violate any applicable laws, rules, or regulations; 
  16. Constitutes unlawful or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
  17. Would cause you to violate any obligations or restrictions imposed by any third party.

We reserve the right to restrict access to all or a portion of our Services, or your Account, in our sole discretion, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms, or upon any other conduct deemed by us, in our sole discretion, to be inappropriate or detrimental to the Services, Guild, or any other User or third party.

2.5. User Content

Our Services may provide you with the ability to create, post, or share content, including by posting messages in chat rooms or comments on blog posts, or via other means (“User Generated Content”). You or a third-party licensor, as appropriate, retain all IPR to your User Generated Content and you are responsible for protecting those rights. You agree that you do not obtain, through the use of the Services, any right, title or interest (including IPR) in any Content delivered via the Services. You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content posted by other Users.

By creating, posting, or sharing any User Generated Content on or through our Services, you grant Guild an irrevocable, perpetual, transferrable, unconditional, unrestricted, sublicenseable, worldwide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display, and create derivative works from your User Generated Content for any purpose, without compensation to you, including for the purpose of promoting our Services and the Programs. You waive any rights you may have regarding your User Generated Content being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of your User Generated Content in our sole discretion.

You represent and warrant that the use of your User Generated Content by Guild or any other User does not violate the rights of any third party or any laws, rules, or regulations. Guild reserves the right (but has no obligation) to review any User Generated Content, investigate, or take appropriate action against you in its sole discretion if you violate these restrictions or otherwise create liability for Guild or any other person. Such acts may include removing or modifying your User Generated Content, terminating your Account, or reporting you to law enforcement authorities.

You are solely responsible for your User Generated Content that is posted on the Services and we do not endorse, nor are we responsible for, your User Generated Content, and you agree that you are solely responsible for any consequences that may arise from the posting of your User Generated Content on or through the Services. 

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users. You accept that any reliance on material posted by other Users or other third parties is at your own risk. Your interactions and transactions with other Users are solely between you and such Users. You agree that Guild is not responsible for any loss or damage incurred as the result of any such interactions or transactions. If there is a dispute between you and another User, Guild is under no obligation to become involved. By using the Services, you accept the risk that you might be exposed to content posted by other Users that is objectionable or otherwise inappropriate. Without limiting the foregoing, Guild is not liable to you or any other third party for any User Generated Content under any law providing special immunity for user generated content, including the Communications Decency Act or CDA, 47 U.S.C. § 230 or any successor to the special immunity contained at CDA, 47 U.S.C. § 230.

You hereby release and forever discharge Guild (and our officers, employees, agents, parents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Users or related to third party services.  You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” NOTHING IN THIS PROVISION IS INTENDED TO LIMIT ANY OF YOUR RIGHTS, OR OUR LIABILITY WITH RESPECT TO PERSONAL INJURY OR THE CONSEQUENCES OF OUR OWN ACTS OR THE ACTS OF OUR REPRESENTATIVES, TO THE EXTENT THAT SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW. 

3. Service offerings and support

Our Services help enable your academic and career goals by connecting you with our Learning Partners, supporting you through the application and enrollment processes, facilitating the payment of a partnering employer’s tuition assistance benefits for eligible students to Learning Partners, providing career assessments and information, and providing coaching and other academic and support services to you throughout your academic journey.

As part of the Services, You may engage in phone conversations or chat exchanges with Guild employees, or chat exchanges with a Guild chatbot (collectively, “Conversations”). Guild may monitor and record Conversations for quality assurance and training purposes.  You understand that by consenting to these Terms, you consent to such monitoring and recording. 

Guild cannot and does not guarantee any continued or future employment or salary level of any employee or student. You understand that these Terms are with Guild only and solely for the Services and that you will have to complete additional paperwork for your selected Learning Partners and Employers (defined below). Our Services may also enable you to view Programs offered by Learning Partners, including bootcamps, career workforce training, employer-based training, certificates, customized training, customized courses and programs, pre-college courses, and non-academic and developmental preparation courses and programs. 

You acknowledge that all such Programs may have separate terms and conditions and privacy policies that are unique to each Program and their third party providers, and that all such agreements are solely between you and those third party providers. Guild hereby disclaims all liability, obligation and responsibility for the actions and inactions of such third parties, including compliance or non-compliance with those separate agreements.

We are not responsible for and have no liability relating to the Programs provided by our Learning Partners. All Programs offered by our Learning Partners are subject to those Learning Partners’ own cancellation, withdrawal, payment, refund and other policies.

3.1. Payment for Programs

Through the Platform you may sign up for Programs or incur expenses that may or may not be paid by your Employer. Your liability is determined in accordance with your Employer's Education Benefits Policy and Guild assumes no liability to pay for any education expenses (tuition, fees, supplies, etc.). If applicable, Guild shall facilitate payments from your Employer in accordance with your Employer’s Education Benefits Policy.

3.2. Disputed Charges

You agree to submit any disputes regarding any charge to your Account in writing to us within thirty days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending us an email at [email protected].

3.3. Partnering Employer

In certain instances, a partnering employer is your employer, a prior employer, or another sponsor that maintains a tuition assistance or scholarship program and that provides educational benefits for eligible employees or individuals (“Employer”). “Employers” may include businesses or philanthropic enterprises, even if the sponsor does not have a direct employment relationship with an employee. Eligibility determinations related to tuition assistance benefits are made solely by the Employer. Guild cannot guarantee eligibility or payment under the Employer’s tuition assistance program, which is maintained solely by the Employer.

You are responsible for complying with the terms of the Employer’s tuition assistance program, including their Education Benefits Policy. You may be entering a Program eligible for Federal Financial Aid and, in accordance with the terms of the Employer’s tuition assistance program, you may be required to complete a FAFSA form and complete the Financial Aid awarding process to determine grant and loan eligibility. This should occur prior to enrollment with your educational provider and annually thereafter. Additional information is available at: https://toolkit.guildeducation.com.

3.4. Learning Partners

All academic admissions decisions are made by your selected Learning Partner and not by Guild. Guild is not responsible for the academic instruction or services provided by your selected Learning Partner. Guild cannot and does not guarantee admission to any Learning Partner or Program or the attainment of any educational outcomes. You are responsible for the total stated tuition and fees of your selected Learning Partner, including any tuition and fees not covered by an Employer’s tuition assistance program, and payment of all monies due shall be a condition of enrollment and continuing enrollment with your selected Learning Partner. Guild is not responsible for a student’s tuition and fee obligations to your selected Learning Partner.

3.5. Potential Tax Implications

You acknowledge that the Services are a general purpose online platform and are not specifically designed to facilitate compliance with any specific law, including tax laws. You shall access and use the Services in compliance with all laws applicable to you. Guild is not responsible for notifying you of any such law, enabling your compliance with any such law, or for your failure to comply. 

IMPORTANT: You understand that your receipt of education benefits, including the payment of tuition or fees and reimbursement to you for books, supplies, and expenses by your Employer  may be considered taxable income and you may owe taxes on such amounts (“Income Taxes”). Guild does not provide tax advice, nor is Guild responsible for any deductions or withholdings related to your Income Taxes. You should consult with your Employer and your tax advisor to understand the potential consequences for your Income Taxes of any payments or reimbursements made to you or on your behalf through the Services. 

3.6. Student Conduct, Issues and Complaints

You must comply with Guild’s code of student conduct, as well as the policies and procedures of the relevant Learning Partner and Employer. Violating Guild’s Student Code of Conduct is grounds for suspension of the Services or dismissal from a Program and may have other consequences.

If you have any issues with your selected Learning Partner, please refer to the student complaint process maintained by such Learning Partner. If you have any issues with the Services, please contact [email protected]. If you have any issues related to an Employer’s employee benefit programs, please contact such Employer’s designated HR contact person.

With respect to the Services, Guild provides reasonable accommodations for students with disabilities. Please contact [email protected] if you have a request for accommodation. Accommodations will be provided through an interactive process between Guild and yourself. If you require any accommodations related to the Programs or services provided by your selected Learning Partner, you must contact such Learning Partner directly. If you require any accommodations related to your employment, you must contact your Employer directly.

If a student reports to Guild that he/she has been subject to sexual assault or harassment in connection with participation in the Services or Programs, Guild will take prompt action to address the matter, which may include investigation, discipline, and/or referral to the Learning Partner and/or Employer for follow-up.

3.7. Coaching Services

In the course of using the Services, you may choose to participate in and receive Coaching provided by Guild through one of Guild’s coaches (“Coaches”).  You understand that your participation in Coaching is completely voluntary.  If you choose to participate in and receive Coaching, you hereby agree to the following:


Coaches are not physicians, therapists, counselors, social workers, psychiatrists, or medical or other healthcare professionals. Career coaching is NOT a substitute for licensed counseling, medical advice, or substance abuse treatment. Counselors, therapists, and psychiatrists are trained to diagnose and treat mental health issues, such as depression and anxiety. Coaches are not authorized to, and cannot, diagnose or treat mental health issues, or provide any medical advice. You understand that your Coach will not and shall not act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. If you are experiencing a mental health issue, you should contact a licensed therapist, counselor, or physician.

You, Your Coach, or Guild may elect to not participate in Coaching at any time.  

3.8. Third-Party Websites and Services

Our Websites may link to third-party websites, including the websites of the Learning Partners that offer Programs. If you use these links, you will leave our Websites. Some of these websites may use content provided by Guild under a license from us. We are not responsible for these third-party websites, regardless of whether we partner with the operators of these websites.

We do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Guild is not responsible or liable for any loss or damages of any sort incurred as a result of any dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on our Websites.

4. Disclaimers, limitations and indemnification

4.1. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND (A) AS TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PUBLISHED ON OR THROUGH OUR SERVICES, OR THAT THE INFORMATION WILL BE UP TO DATE; (B) THAT THE SERVICES THEMSELVES OR THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE QUALITY OF ANY PROGRAMS AVAILABLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (E) THAT ALL ERRORS OR NON-CONFORMITIES WITH THE SERVICES CAN BE OR WILL BE CORRECTED; OR (F) THAT THE SERVICES WILL REMAIN AVAILABLE.

WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS INHERENT WITH USING THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND WE SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY THIRD PARTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY LEARNING PARTNER OR EMPLOYER. YOU ACKNOWLEDGE AND AGREE THAT WE DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH OPERATION OF THE PROGRAMS THAT YOU MAY PARTICIPATE IN THROUGH THE SERVICES, AND THAT IF YOU ENROLL IN ONE OF THE PROGRAMS, YOU AGREE THAT YOU MAY ONLY SEEK REDRESS FOR ANY CLAIMS ASSOCIATED WITH THE PROGRAM DIRECTLY FROM THE LEARNING PARTNER WITH WHOM YOU ENROLL. GUILD WILL NOT BE LIABLE FOR ANY CLAIM OR CLAIMS RESULTING FROM YOUR FAILURE TO COMPLETE YOUR PROGRAM, EVEN IF THE FAILURE IS BEYOND YOUR CONTROL, INCLUDING WITHOUT LIMITATION ANY FAILURE RESULTING FROM A REVOCATION, TERMINATION, OR SUSPENSION OF EDUCATION OR EMPLOYMENT. 

We reserve the right to discontinue or alter all or any part of our Services, and to modify or remove the Services altogether, at any time in our sole discretion, without notice or explanation. You agree that you are not entitled to any compensation or other payment upon the discontinuance or alteration of our Services, or if we stop publishing the Services. If you are a Quebec resident, (i) the foregoing provisions of this paragraph do not apply and (ii) we may discontinue or alter our Services only pursuant to articles 1604, 2126 and 2129 of the Civil Code of Quebec.

4.2. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOSSES, HARMS, INJURIES, COSTS OR EXPENSES, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OR CORRUPTION OF ANY DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR PROGRAMS. GUILD’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ALL SERVICES PROVIDED UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $500. YOU AGREE THAT GUILD WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. ADDITIONALLY, GUILD ASSUMES NO LIABILITY WHATSOEVER FOR ANY ACTIONS OF ANY THIRD PARTIES, LEARNING PARTNERS, OR EMPLOYERS.

You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Guild’s Services must commence within one year after the cause of action comes into being. If not, such cause of action shall be permanently barred.

4.3. Exclusions and Limitations

Some jurisdictions do not allow the limitation or exclusion of certain warranties or rights, or the limitation or exclusion of liability for incidental or consequential damages, or the limitation or exclusion of liability with respect to the consequences of our own acts or the acts of our representatives. Accordingly, some of the above limitations, exclusions, disclaimers, and indemnification obligations may not apply to you. To the extent Guild may not, as a matter of applicable law, disclaim any implied warranty or limit its liability, the scope and duration of such warranty and the extent of Guild’s liability shall be the minimum permitted under such applicable law.

4.4. Indemnification

You shall indemnify and hold harmless Guild and our officers, employees, agents, service providers, partners, and licensors from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) your failure to comply with any of your representations, warranties, or obligations under these Terms; (b) your violation of any person’s IPR; (c) a violation by you or anyone using your Account of any applicable law or these Terms; (d) your willful misconduct, or the willful misconduct of anyone using your Account, in connection with your (or such other person’s) use of the Services (in whole or in part); (e) your use or reliance on the Services or User Generated Content; or (f) Guild’s or any other User’s reliance on your User Generated Content.

Guild reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Guild in asserting any available defenses. This provision remains in full force and effect notwithstanding any termination of your Account or your use of the Services.

5. Copyright policy

Upon proper notice, Guild will remove User Generated Content and any other Content that violates applicable copyright law. Pursuant to Title 17 of the U.S. Code, Section 512 (“DMCA”), Guild has implemented procedures for receiving written notification of claimed copyright infringement on or through the Services and for processing such claims in accordance with such law. If you believe in good faith that materials posted on or through our Services infringe your copyright, you (or your agent) may request that the material be removed, or access to it blocked, by submitting a written “Notification of Claimed Infringement” to Guild’s DMCA agent designated below.

The notice must be in writing and must include the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit Guild to locate the material; (c) information reasonably sufficient to permit Guild to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. By submitting a notification, you acknowledge and agree that Guild may forward your notification and any related communications to any users who posted the material identified in such notice.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you or your User Content has been wrongfully removed from our Services, you may send a counter-notification to Guild’s DMCA agent designated below. Your counter notification, to be effective, must be in writing and must include the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on or through the Services; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located, and agree to accept service of process from the person who submitted the original infringement notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Guild may forward your counter notification and any related communications to the person who submitted the original notification that resulted in the removal of your User Content or to other third parties.

If you make a false or fraudulent notice or counter-notification, you may be liable for damages under DMCA, including costs and attorneys’ fees.

Notices and counter notices should be sent to Guild’s DMCA agent designated at the following address:

DMCA Designated Agent ℅ General Counsel’s Office

Guild Education, Inc.

370 17th Street, Suite 300

Denver, CO 80202

Email: [email protected]

6. Text messaging terms of service

We may offer communications via calls, SMS text messages, or similar technology (including via automatic telephone dialing equipment) (the “Messaging Service”). These communications may be sent or initiated by Guild or any of its service providers, such as when we send you text messages to confirm, process, or notify you about a selection you make regarding one of our Programs, notifications related to the Services, or for customer service, Account-related, or promotional purposes. By providing your phone number, signing up for the Messaging Service, or otherwise using the Messaging Service, you: (A) expressly agree to be bound by the terms and conditions set forth in this Section; (B) consent to receive Guild’s text message disclosures electronically and consent to the use of an electronic record to document your opt-in to the Messaging Service; and (C) authorize Guild to send or allow our service providers to send the communications described in this Section to the phone number you provide, including promotional and other communications sent or placed using an autodialer. You acknowledge and agree that your authorization to send such messages is not required as a condition of purchase.

Message and data rates may apply for the Messaging Service. Message frequency may vary according to how you interact with our Services. For more information, please review the details of the specific Messaging Service when signing up. 

You may opt in to receive benefit information, deadline reminders, new program announcements and more (“Education Benefit Alerts”) by texting START to 39861. You may opt in to receive program recommendations, new Guild offerings, and other exciting updates (“Promotional Messaging”) by texting START to 34703.

To stop receiving text messages from Guild, reply “STOP” to any message you receive from us. You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of Guild text messages by emailing us your request and mobile telephone number to [email protected]. 

If you are signed up for a short code Messaging Service, the following additional terms apply:

  1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
  2. You can cancel this service at any time. In addition to the opt-out methods described above, you can text "STOP" at any time to the applicable short code for the Messaging Service in which you are enrolled. For the Education Benefit Alerts service, you may text “STOP” to 39861. For the Promotional Messaging service, you may text “STOP” to 34703. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. 
  3. If at any time you forget what keywords are supported, just text "HELP" to the applicable short code for the Messaging Service in which you are enrolled. For the Education Benefit Alerts service, you may text “HELP” to 39861. For the Promotional Messaging service, you may text “STOP” to 34703. After you send the message "HELP" to us, we will respond with instructions on how to use our short code Messaging Service as well as how to unsubscribe.
  4. We are able to deliver messages via short code to the following mobile phone carriers:

    Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile

    Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you as part of a short code Messaging Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

If you have any questions regarding privacy in connection with the Messaging Service, please read our Privacy Notice: https://www.guild.com/privacy-policy/

7. General provisions

7.1. Arbitration Agreement

This Section 7.1 is not applicable to residents of Quebec.

  1. Binding Arbitration. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Guild on an individual basis in arbitration, as set forth in this Arbitration Agreement, and not in a class, collective, consolidated, or representative proceeding unless both you and we agree otherwise in writing. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
  2. Agreement to Binding Arbitration Between You and Guild. You and Guild agree that any dispute, claim, or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and us, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. We agree to honor your election of forum with respect to your individual sexual assault or sexual harassment claim, but in so doing we do not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you and we each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  3. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator“), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.
  4. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (i) a retired judge or (ii) an attorney specifically licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
  5. Location and Procedure. Unless you and Guild otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 
  6. Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover attorneys’ fees and expenses if we prevail in arbitration.
  7. Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  8. Changes. Notwithstanding the provisions regarding consent to be bound by amendments to these Terms, if we change this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (i) by mail or hand delivery to our registered agent for service of process, or (ii) by email from the email address associated with your Account sent to [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
  9. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

7.2. Severability; Waiver

If any provision of these Terms is held unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The failure of Guild to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

7.3. Assignment

Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without Guild’s prior written approval. Any assignment in violation of the foregoing will be null and void. Guild may assign these Terms to any party that assumes Guild’s obligations hereunder. 

7.4. Independent Status

The parties hereto are independent parties, not agents, employees, or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. 

7.6. Notices

Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Guild by postal mail to the address for Guild listed on the Website or the email address listed below. Guild may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to Guild in connection with your Account, provided that in the case of any notice applicable both to you and other Users of the Services, Guild may instead provide such notice by posting on our Websites. Notices provided to Guild will be deemed given when actually received by Guild. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

7.7. Contact Us

[email protected]

Effective Date: January 13th, 2016

Last Updated: May 20, 2024

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