Last updated: March 2024 

The following terms apply to individuals enrolling in courses owned and/or  operated by the Mitchell Hub, the continuing education program of Mitchell College, New London, CT. 

Acceptance of Terms 

By enrolling in courses through the Mitchell Hub (“Hub), a program of Mitchell College (the “College”), you agree to be bound by these terms and conditions, which include the Privacy Statement (together, as may be modified from time to time, “Terms”).  The Terms are an enforceable agreement between the College and you, the user of the Site, whether you are a student, faculty member, employee, alumnus/a, group, association, corporation, or other individual or organization. Your continued use of Hub services constitutes your binding acceptance of the Terms. The College reserves the right to change the Terms in its sole discretion, and it will post any changes on their website. The College may also provide additional notice of more significant changes but is under no obligation to do so. Any modified Terms are effective immediately upon posting. By continuing to use the Site after the College posts modified Terms, you agree to be bound by such modified Terms. 

Nothing in these Terms overrides the application of other College rules or policies. For example, your use of the Site may also be subject to: 

• The Campus Policy Manual 
• The Student Handbook 

Eligibility 

Learners assume the responsibility for sufficient proficiency in the language in which the course is provided. Learners must be 18 years of age or have been enrolled by someone 18 or older who agrees to these terms. 

Enrollment 

Individual Enrollments 

Payments must be received in full before learner is granted access to any Mitchell Hub courses. For students using other funding sources (i.e., WIOA, MyCAA, military COOL), approval from the relevant funding agency must be received by the Hub in lieu of receipt of payment. 

Partner Organization Enrollments 

Learner enrollment through partnerships (e.g., employer, community organizations) is permitted without prior payment only if a signed MOU or similar contractual agreement has been signed by both parties and specifies the process for requesting and remitting payment. 

Withdrawal 

Enrollment in a Mitchell Hub course can be withdrawn for an 80% refund if requested no more than 13 calendar days from enrollment and no more than 20% of the course has been accessed. Withdrawal notifications and refund requests must be submitted in email by the registered learner. Refunds for enrollments using funding sources other than the learner will be returned to the funding sources according to their procedures. 

Access & Accounts 

Learners are given a Mitchell account for the purpose of logging into Mitchell College systems (including by not limited to OpenLMS, Rave emergency alerts, and accessing library printing).pay Learners are expected to abide by Mitchell College’s acceptable use policy. 

Self-paced Courses  

Access is granted to learners within a few days of receiving payment. Course access is limited to the period specifically identified in the course description available within the course and/or on the Hub website. Once that period is past, access to the course will be removed. Extensions are available upon request by email of the registered learner and may incur additional charges.  

Scheduled Courses 

Access is granted to learners within a week of the course start date. Course access is limited to the period specifically identified in the course description available within the course and/or on the Hub website. Once that period is past, access to the course will be removed. Extensions are available upon request by email of the registered learner and may incur additional charges. 

Technical Requirements 

Learners need to have consistent access to high-speed internet through reliable devices that have up-to-date virus and malware protection. The Mitchell Hub is unable to provide technical support for personal devices and is not responsible for access issues to courses beyond our domain. 

Termination 

The College reserves the right to limit or deny your access to the Site, to delete any content or information you have posted to the Site, and to terminate these Terms at any time without notice for any reason, including, without limitation, your violation of these Terms. The following sections of these Terms survive any termination: limitation of liability, governing law, jurisdiction and venue, all provisions relating to material you create on, post on, or download from the Site (including your license to the College of User Content), warranties, indemnification, and any other provision that by its terms contemplates survival. 

Academic Integrity 

Learners certify that all work submitted as part of a course through the Hub is solely the work of the registered learner and reflective of their understanding. This includes, and is not limited to, the assumption of responsibility for the accuracy of any contribution by generative AI. 

Intellectual Property 

The information, images, activities, and assessments within Mitchell Hub courses (excepting any links to external resources) are the sole intellectual property of the Mitchell Hub or its partners and cannot be shared outside the course site beyond the personal use of the learner for completing the course or future reference. 

Material Posted by You  

You take sole responsibility for any User Content you create or post as a part of your relationship with the Hub. You acknowledge that your User Content is not private or confidential. You will not impersonate or try to pass yourself off as any other person or entity. You represent and warrant that your User Content does not (1) defame any party; (2) violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or legal right; (3) otherwise violate any applicable law or regulation; or (4) contain any information furnished to you in confidence or in the understanding that it would not be disclosed or published. You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that contain time-bombs, viruses, spyware, adware, key loggers, backdoors, trojans or other malicious code of any kind, including, without limitation, code that corrupts or destroys data, disrupts, damages, impairs, or disables College software, hardware or equipment, provides for the unauthorized transmission of software or material to any computer, or has any other effect which the College or any user of the Site would reasonably consider undesirable. 

The College does not claim any ownership rights in the User Content, except (1) as expressly stated otherwise in these Terms, (2) where subject to a separate agreement, or (3) when created or posted by the College’s employees within the scope of their duties for the College. 

For the purpose of clarity, you acknowledge and agree that the College has the right (1) to delete, modify or supplement User Content at any time for any reason without notification to anyone and (2) to restrict you from posting new User Content or otherwise participating in interactive forums on the Site for any reason at any time. 

Notice and Procedure for Making Claims of Copyright Infringement 

The College intends that all material posted in areas maintained by the Hub respect the copyright and other proprietary rights of third parties. However, the College cannot monitor the copyright ownership of all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below. 

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c) (3) (“Notice”) must be sent to the agent the College has designated with the Compliance Office at dmca@mitchell.edu or at the address below: 

Office of Institutional Compliance 
Mitchell College 
437 Pequot Ave. 
New London, CT  06320 

To comply with the Copyright Act, your Notice must be in writing and must include the following: 

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the College to locate the material; 
4. Information reasonably sufficient to permit the College to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; 
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 

When the College receives a Notice that complies with the Copyright Act, it will remove the identified material immediately. The College will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide the College with a counter-notice (“Counter-Notice) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include: 

1. A physical or electronic signature of the alleged infringer; 
2. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error; 
4. The alleged infringer’s name, address, and telephone number; and 
5. A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent. 

Upon receipt of a Counter-Notice, the College will notify you of the Counter-Notice and use its best efforts to restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform the College that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site. 

Disclaimers of Warranties 

The Hub and the services and materials available through it are available “as is” and “as available.” the college does not warrant that the site or any of the services or materials available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions, inaccuracies and errors in materials or services available through the site. The college makes no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the site or services available through it, including the user content, or through links to other web sites. The college reserves the right to correct any errors or omissions in the site. If you rely on the site and any materials or services available through it, you do so entirely at your own risk. 

To the maximum extent permitted under law, the college disclaims all express or implied warranties with respect to the site and any content, information, goods or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose (even if that purpose has been disclosed). 

Although the college intends to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other malicious code to the site, the college does not guarantee or warrant that the site, or services or materials that may be available through the site, are free from such destructive features. The college is not liable for any damages or harm attributable to such features. 

The learner understands and agrees that completion of a course does not guarantee employment or change in employment status. Mitchell College has made no promise, express or implied, about the specific opportunities for a learner upon completion of a course. 

Limitation of Liability 

The college and its officers, trustees, employees and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in the site or any services or materials available through the site including loss or injury that results from your breach of any provision of these terms. 

Under no circumstances will the college or its directors, trustees, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of the site or services available through the site or these terms, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory. 

Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you. 

Indemnification 

You agree to indemnify and hold harmless the College and its officers, trustees, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys’ fees), that the College may incur based on claims arising out of your violation of these Terms. At the College’s option, the College may assume the exclusive defense and control of any matter for which it are entitled to indemnification. You agree to provide the College with whatever cooperation it reasonably requests. 

General 

The Terms in the Privacy Statement are the complete agreement between you and the College regarding your use of the Site and are governed by the laws of the State of Connecticut applicable to agreements made and wholly performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the applicable state courts located in Connecticut or the United States District Court of Connecticut, to submit to the exclusive jurisdiction of those courts, and to waive any objections based on jurisdiction, venue, or inconvenience of the forum. If a court determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.