Terms of Use Agreement Terms of Use Agreement

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July 2009

Terms of Use Agreement for the Lourdes University - Portal

Terms of Use

Welcome to the myCampus web portal (the “Site”). Lourdes University (also referred to as “we,” “our,” and “us”) maintains this Site as a service to its campus community. By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, do not use this Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. You are also subject to and must abide by all applicable Lourdes University policies and procedures.This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Protected Information

The content, forms, documents, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters on or related to the Site (“Information”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any Information or any part of the Site is strictly prohibited. You do not acquire ownership rights to any Information viewed through the Site. The posting of Information or materials on the Site does not constitute a waiver of any proprietary rights that anyone may have in such Information and materials.

Service Marks

Products and names mentioned on the Site may be trademarks of their respective owners.

Limited Right to Use

The viewing, printing, or downloading of any Information from the Site grants you only limited, nonexclusive use of the Information solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of the Information may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any Information appearing on the Site.

Indemnification

You agree to indemnify, defend, and hold us and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain Information is not transferable.

Disclaimer and Limits

INFORMATION, PRODUCTS, AND SERVICES THROUGH THE SITE ARE PROVIDED “AS-IS” & “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, PRODUCTS, OR SERVICES. WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION, PRODUCTS, AND SERVICES PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP.

WE AND OUR AFFILIATED PARTIES DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE OR INFORMATION. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING THE PURCHASE PRICE YOU PAY FOR ANY INFORMATION, PRODUCTS, OR SERVICES, THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

Use of Submissions

All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Site (collectively, "Submissions") will forever be the exclusive property of Lourdes University.You authorize us to utilize your Site uses and Submissions in any manner consistent with our Privacy Policy. Lourdes University is not required to treat any Submissions as confidential.Lourdes University is not liable for any ideas for its business (including without limitation, products, services, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Lourdes University products, services, or operations. Lourdes University is entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you, not Lourdes University, have full responsibility for your Submissions, including their legality, reliability, appropriateness, originality, and copyright.

Third-Party Merchants

We may allow access to or advertise third-party product or service providers (“Merchants”) from whom you may purchase products or services.You understand that we do not operate or control the products or services offered by Merchants.Merchants are responsible for all aspects of product or service descriptions, order processing, availability, fulfillment, billing, and customer service.We are not a party to the transactions entered into between you and Merchants.All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you. We are not responsible for information provided by you to Merchants. Neither Lourdes University or Merchants has authority to make any representations or commitments on behalf of the other.

You agree that use of Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Securities Laws

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to fall within securities law safe harbors for forward-looking statements. The Site and its Information do not constitute an offer or a solicitation of an offer for sale of any securities. The Site and Information are not intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Links to Other Web Sites

The Site contains links to other web sites, which are not investigated, monitored, or checked for accuracy or completeness by us. We are not responsible for the content, accuracy, or opinions expressed in other web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these other sites, you do so at your own risk.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following Notice:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. 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; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent.

Promotions

We reserve the right in our sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature, and timing of all promotions and awards.

Press Releases

The Site contains press releases and statements about us and others. While these are believed to be accurate as of the date prepared, we disclaim any duty or obligation to update them. Information in press releases and statements about others should not be relied upon as being provided or endorsed by us.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Sylvania, OH, and shall be governed by and construed in accordance with the laws of the State of OHIO (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any Information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Lucas County. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.


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