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| UniversityConnect Terms of Use Agreement This Agreement (the "Agreement") governs your access and use of UniversityConnect service (the "Service"). In consideration for your right to access and use the Service, you and UniversityConnect agree as follows:
1. Acceptance of TermsBy using the UniversityConnect website, you agree to be bound by the terms of this Agreement and any future modifications made to it.
2. THE UNIVERSITYCONNECT SERVICEThe UniversityConnect Service is an online community. You understand and agree that the Service is provided "AS-IS" and that UniversityConnect assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular features or services, (3) the inability to access the Service.
3. CONTENT ACCESSIBLE ON THE SERVICEYou acknowledge that UniversityConnect makes no guarantee regarding the reliability, accuracy, legitimacy or quality of site Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will UniversityConnect be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge and agree that UniversityConnect may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of UniversityConnect, its users and the public.
4. USER CONDUCTYou agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity. (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the Service, computer servers or sites accessible through the Service; (g) disseminate messages promoting any product, service, web site, or venture, through unsolicited electronic mail messages to third parties. If you do use the Service to commit any of the above, UniversityConnect may, at its sole discretion, terminate your ability to use the Service.
5. MEMBER DISPUTESYou are solely responsible for your interactions with other users of the Service. UniversityConnect reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
6. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICEYou agree that UniversityConnect may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service.
7. MODIFICATION AND TERMINATION OF SERVICEUniversityConnect reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that UniversityConnect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that UniversityConnect, in its sole discretion, may terminate your ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that UniversityConnect shall not be liable to you or any third-party for any termination of your use or ability to access the Service.
8. OTHER WEB SITES AND RESOURCESThe Service may provide links or access to other web sites and resources. Because UniversityConnect has no control over such sites and resources, you acknowledge and agree that UniversityConnect is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UniversityConnect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENTYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
10. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIVERSITYCONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) UNIVERSITYCONNECT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY UNIVERSITYCONNECT.
11. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT UNIVERSITYCONNECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIVERSITYCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. < p>13. INDEMNITYYou agree to indemnify and hold UniversityConnect, and its affiliated businesses, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content posted to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
14. NOTICESNotices to you may be made via either email or regular mail. UniversityConnect may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
15. MODIFICATIONWe may amend this Agreement at any time by posting the amended terms on our site. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of UniversityConnect. This Agreement was last modified on April 15, 2008.
16. GENERALThis Agreement constitutes the entire agreement between you and UniversityConnect with respect to the Service and supersedes all prior agreements and understandings between you and UniversityConnect. UniversityConnect’ failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 9, 10, 11, 12 and 13 of this Agreement shall survive any termination of the Agreement.
17. OFFICIAL LANGUAGE - ENGLISHThis AGREEMENT AND THE UNIVERSITYCONNECT site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE UNIVERSITYCONNECT SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. UNIVERSITYCONNECT is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS. |
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