J&W legal | website user agreement

Johnson & Wales University Website User Agreement

1. Acceptance of Terms
Johnson & Wales University ("JWU", "the University", "we", "us", "our"), provides access to the JWU website, located at www.jwu.edu (the "Site") subject to your acceptance of this Website User Agreement ("Agreement"). Any person accessing, browsing, framing, using and/or linking to the Site, either manually or via an automated device, shall be deemed a "User." All Users are subject to and agree to be bound by this Agreement when using the Site.

When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern when using the Site. If you have any questions about this User Agreement please contact JWU by email at thewebteam@jwu.edu before using the Site.

2. Privacy
You agree that you have read and understand the terms of JWU's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

3. Risk; Internet Use
You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.

4. Downloading Materials From The Site
You understand that JWU cannot and does not guarantee or warrant that materials available for downloading from the Site, including links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

5. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the "Proprietary Content") is, unless otherwise noted, the property of JWU, its affiliates or partners. The Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial use. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission of JWU. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works of any of the Proprietary Content. You may not make any unauthorized copies of any Proprietary Content.

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by JWU of the trademark owner, or vice-versa, or that such trademark owner has authorized JWU to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by JWU.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of JWU or any third party.

6. Links to Other Websites and Linking to JWU's Site
Any links to other websites are provided merely as a convenience to the Users of this Site. JWU has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

Any individuals who would like to establish a temporary or permanent link to this Site may do so as long as such link is pointed to JWU's homepage at www.jwu.edu. Deep linking to any other page on the Site except the homepage is permitted only if you obtain permission from JWU. All deep linking requests should be sent to thewebteam@jwu.edu. Framing any page on the Site is expressly prohibited.

7. Acceptable and Lawful Use of the Site
Any information provided to JWU in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any JWU or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for JWU or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited email, also called SPAM.

8. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JWU DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. JWU DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

9. JWU Catalogs
Access to various JWU Catalogs is provided on the Site. These catalogs are official publications of Johnson & Wales University, and as such, they and any other official publications or policies that are provided on the Site are subject to revision at any time. The University reserves the right to add, withdraw or revise any course, program of study, provision or requirement described within the Catalog as may be deemed necessary. Occasionally, program requirements will vary by the printing date of the catalog or the date such catalog is posted on the Site. Requirements stated in the edition printed closest to the September enrollment date will take precedence. Summer enrollees will follow the catalog requirements for the upcoming year. JWU students should read and fully understand the rules, regulations and policies described in the various JWU Catalogs.

10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF JWU OR ANY THIRD PARTY ON THE SITE, OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL JWU'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO JWU, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF JWU, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

11. Indemnification
You agree to indemnify, defend and hold JWU and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of products, services, or information provided through the Site, or (iii) your breach of any provision of this Agreement. JWU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying JWU, and you agree to cooperate with JWU in asserting any available defenses.

12. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
JWU's policy regarding copyright infringement and JWU's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and can be found at the Johnson & Wales University Copyright Notice.

13. System Outages
JWU periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. JWU shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

14. User Feedback
Should any User respond to JWU or any of its employees, agents, professors or others through the Site, via email or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any JWU document, the Site, or JWU services, such information shall be deemed to be non-confidential and JWU shall have no obligation of any kind with respect to such information. JWU shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

15. Your Account Obligations
Certain sections of the Site require that you register by providing particular information including a user name and password. In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.

You are responsible for maintaining the confidentiality of your user name and password (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. JWU shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information.

16. Pricing for Products and Services
In the event a product, service or the cost of a course or program of study is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, JWU shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. JWU shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User's credit card has been charged or other payment has been accepted.

17. Children
This Site is not directed to children under the age of 13 and is not intended be used by children under the age of 13. If you are under the age of 13, you agree that you will not use this Site and you will not provide personal information about yourself to JWU through the Site.

18. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Rhode Island, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.

19. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Rhode Island and of the United States of America located in the State of Rhode Island for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Rhode Island Courts and agree not to plead or claim in any Rhode Island Court that such litigation brought therein has been brought in an inconvenient forum.

20. International Users
JWU makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable Content, notwithstanding sections 18 and 19 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy If you are a non-U.S. user, you acknowledge and agree that JWU may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at thewebteam@jwu.edu and let us know how you would like us to handle such Information.

21. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by JWU, at any time or times, to require performance of any provision hereof shall in no manner affect JWU's right at a later time to enforce such provision. No delay or failure by JWU in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of JWU. JWU may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between JWU and you pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and documents regarding your use of the Site.

22. Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

23. Updates and Modifications
In its sole discretion, JWU may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at thewebteam@jwu.edu.

24. Termination
JWU may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.