TERMS OF SERVICE
The following are terms of a legal agreement between you and The Sullivan University System, Inc (SUS). By accessing, browsing and/or using this web site (“Web Site”), you acknowledge that you have read, understood, and agree to be bound by these terms of service (“Terms of Service” or “Agreement”) and to comply with all applicable laws and regulations. If you do not agree to these Terms of Service, do not use this Web Site. If you are above 13 not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
SUS may at any time revise these Terms of Service by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
SUS may immediately terminate any person’s use of the Web Site and/or such user’s password(s) or account(s) if user violates the terms of this Agreement or engages in conduct that SUS, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
Limitation of Warranties; Content Provided “As Is”
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY SUS. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.< br /> NEITHER THE SULLIVAN UNIVERSITY SYSTEM, INC. NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT The Sullivan University System, Inc. ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although SUS attempts to ensure the integrity of the Web Site, a possibility exists that the Web Site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web Site. SUS MAKES NO GUARANTEES WHATSOEVER AS TO ITS COMPLETENESS, CORRECTNESS, OR ACCURACY. In the event that such an inaccuracy arises, please inform SUS at WebSupport@sullivan.edu so that it can be corrected.
In many instances, the content available through the Web Site represents the opinions and judgments of the respective information provider, Web Site user or member, or other user not under contract with SUS. SUS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site by anyone other than authorized SUS employee spokespersons while acting in their official capacities. UNDER NO CIRCUMSTANCES WILL SUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT SUS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, SUS CONTENT OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (4) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (5) ANY OTHER MATTER RELATING TO OUR WEB SITE OR SUS CONTENT OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Time Limitation of Claims
You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by SUS to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Except as expressly authorized by SUS, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any Content on, or obtained through, this Web Site, whether in whole or in part, regardless of the means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. Unless explicitly stated in these Terms of Service, all intellectual property rights are reserved and nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download publicly available Content on this Web Site for private, non-commercial use, provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the Terms of Service. Upon termination, you must immediately destroy any downloaded and/or printed Content.
Subscription Agreements and Licenses Control
SUS’s obligations with respect to its Content and Services are governed solely by the agreements under which they are provided. If you obtain Content or a Service from SUS off this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Third Party Links
Links on this website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. SUS has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, SUS does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Web Site, you do this entirely at your own risk.
You agree to indemnify and hold SUS, its parents, subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on SUS Services or Content, (b) your connection to our Web Site, (c) your violation of this Agreement, or (d) your violation of any rights of another party.
All trademarks, service marks and logos used in the Web Site are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Web Site without the prior written consent of the owner of the mark.
Code of Conduct
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web Site:
- Restricting or inhibiting any other user from using and enjoying the Web Site and services;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Without SUS’s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Web Site to become users of other online services competitive with The Sullivan University System, Inc.);
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
- Using the Web Site for any commercial or unlawful purposes; or
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Web Site.
- You may submit any text, images, data, or other materials (“Content”) to the Web Site. In so doing, you acknowledge and agree that you grant to The Sullivan University System, Inc. a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
- Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such Content.
- Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
- Further, by submitting Content to the Web Site, you acknowledge that you have the authority to grant such rights to The Sullivan University System, Inc., and acknowledge that the burden of determining whether any Content posted or transmitted to the Web Site by you is protected by copyright rests solely with you. Each of The Sullivan University System, Inc., and its subsidiaries, and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
Use of Secure Area and Password
- You are given access to a password-protected area of the Web Site when you are given permission and a password to enter such area. You may not distribute your password to others, but if you wish to authorize another individual to use your password, you must request permission from SUS in writing, with the understanding that SUS is under no obligation to approve any such request. You are responsible for all uses of your password and any and all damages to The Sullivan University System, Inc. resulting from the distribution of your password, whether or not authorized by you.
- You acknowledge and agree that The Sullivan University System, Inc. have the right, but not the responsibility, to monitor the Web Site and site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Web Site properly, to protect themselves, their affiliates and users of the Web Site, and to comply with legal obligations or governmental requests, or to respond to any circumstance that SUS deems to be an emergency. The Sullivan University System, Inc. reserve the right to remove or refuse to post any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of The Sullivan University System, Inc.
Parental Control Provisions
- Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web Sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.
Void Where Prohibited
- Although the Web Site is accessible worldwide, not all products or services discussed or referenced in or on the Web Site are available to all persons or in all geographic locations or jurisdictions. The Sullivan University System, Inc. reserves the right to limit the availability of the Web Site and/or the provision of any product or service to any person, geographic area or jurisdiction we so desire, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web Site is void where prohibited.
- This Agreement is entered into in the Commonwealth of Kentucky and shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Jefferson in the Commonwealth of Kentucky, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
- If any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement constitutes the entire agreement between the parties to it pertaining to its subject matter, and any and all prior or contemporaneous written or oral agreements existing between the parties are expressly canceled. No waiver by either party of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
- The Sullivan University System, Inc. may at any time change the Web Site, including eliminating or discontinuing any content or feature of the Web Site, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Web Site, or by electronic mail, or by conventional mail. Your use of the Web Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.