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Terms of Use

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1. Read This. This Agreement contains the terms and conditions that govern your use of the www.sau.edu or any other St. Ambrose websites ("Site" or "Sites"). If you do not wish to be bound by this Agreement after you have read it, please promptly exit all Sites. This Site is registered to and hosted by St. Ambrose University ("SAU") (collectively, "we" , "us", or "our").

BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF THE HOMEPAGE ON THE SITE.

2. Access to this Site. To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Your registration information and any associated content will be deleted if we believe that you are under 13 years of age. We reserve the right to terminate your access to this Site for any reason or no reason at any time without notice.

3. Restrictions on Use. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. For example, you may not (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link this Site, without the express prior written permission of an authorized representative of SAU. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use this Site in any manner which could disable, overburden, dam­age, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

4. Personal and Non-Commercial Use Limitation. The Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without SAU's express prior written consent.

5. Proprietary Information. The material and content accessible from this Site, and any other website owned, operated, licensed, or oth­erwise controlled by SAU, which may include material included in Submissions (as defined in Section 9.A.) from you or other users (the "Content"), is the proprietary information of SAU and the submitting user. Accordingly, the Content may not be copied, distributed, republished, up­loaded, posted, or transmitted in any way without the prior written consent of SAU, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary no­tice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates SAU's intellectual property rights. Neither title nor intellectual prop­erty rights are transferred to you by access to this Site.

6. Trademarks and Copyrights. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of SAU. SAU retains all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.

All contents of websites administered by SAU are: Copyright 2011 St. Ambrose University. All rights reserved.

7. Hyper-Links. This Site may be hyper-linked to other sites which are not maintained by or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyperlinked to this Site.

8. Use of Communication Services. The Site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Services"). You agree to use the Services only to Post (as defined below) messages and content that are proper and related to the particular Service and in accordance with these Terms of Use.

9. Submissions. A. Ownership and Grant of License. We do not claim any ownership rights in the text, files, images, photos, videos, works of authorship, content, remarks, suggestions, ideas, graphics, or other information communicated to or through this Site (collectively, "Submissions"). After posting, sending, submitting, publishing, or transmitting (collectively, "Posting", "Post" or "Posted") your Submissions, you continue to retain any such rights that you may have in your Submissions, subject to the license herein. You hereby grant to SAU the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submissions, and to incorporate any Submissions in other works in any form, media, or technology now known or later developed. SAU will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SAU operations.

SAU will treat any personal information that you submit through this Site in accordance with its Privacy Policy.

 B. Representations and Warranties. You represent and warrant that: (1) you own the Submissions Posted by you on or though the Site and/or Services or otherwise have the right to grant the license set forth in this Section, and (2) the Posting of your Submissions on or through the Site and/or Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or violate U.S. law or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, defamatory or otherwise objectionable or otherwise Prohibited Material as defined below. You are solely responsible for the Submissions that you Post on or through the Site and/or Services. You agree to pay for all royalties, fees, and other monies owing any person or entity by reason of any Submission Posted by you on or through the Site and/or Services.

C. Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Posting of any child pornography, or obscene or defamatory material. You agree that you will not Post in connection with this Site any Prohibited Material. Prohibited Material is material that:

  • you do not have the right to post, including proprietary material of any third party, such as files con­taining software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipu­lates headers or identifiers to disguise the origin of the content;
  • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise en­gages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/ or soliciting goods or services) except as may be specifically authorized on this Site;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms and/or 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;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
  • amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
  • disobeys any policy or regulation including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct. We reserve the right to monitor use of this Site to determine compliance with these Terms of Use.

D. Removal Right. You expressly agree that we may remove, disable or restrict access to or the availability of any Content or Submission from this Site (including, but not limited to, content which you have Posted or stored) which we believe, in our discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us. We also reserve the right at all times to edit, refuse to Post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe that we have acted mistakenly with respect to certain Content or Submissions, you may contact us by clicking here , in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Submissions and Content at this Site is a privilege, not a right. You agree that under no circumstances may we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling or restricting access to or the availability of Submissions and/or Content.

 E. Procedures. If you believe that someone has Posted Content or material at this Site which violates this policy (other than in cases of copyright infringement, which is addressed in Section 9.F.), we ask you to promptly notify us by clicking here . You must use this link if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.

In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration number of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.

 F. Digital Millennium Copyright Act Compliance. We respect the intellectual property rights of others and we prohibit users from Posting to or through the Site or Services any materials or Content that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright which you own has been Posted on our Site without authorization you may send a written notification to our Designated Agent at:

Attn.
Mary Heinzman
St. Ambrose University
518 West Locust Street
Davenport, Iowa 52803

In accordance with the Digital Millennium Copyright Act, and other applicable law, SAU has adopted a policy of terminating, in appropriate circumstances and at SAU's sole discretion, users who are deemed to be repeat infringers. SAU may also at its sole discretion limit access to the Site and/or Services and/or terminate the rights of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement. 10. Disclaimer. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SAU DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SAU DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SAU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SAU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SAU MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

11. Limitation on Liability. SAU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAU AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AMOUNT YOU HAVE PAID TO SAU FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

12. Indemnity. You will indemnify and hold SAU, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, members, managers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

13. Security. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). SAU will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SAU considers insecure, SAU will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SAU reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SAU reserves the right to investigate suspected violations of these Terms of Use.

SAU reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SAU to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD SAU HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SAU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SAU OR LAW ENFORCEMENT AUTHORITIES.

14. Miscellaneous.

A. Choice of Law. These Terms of Use will be governed and interpreted pursuant to the laws of Iowa, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and SAU arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Davenport, Iowa.

B. Severability. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

C. No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SAU as a result of this Agreement or use of SAU's websites.

D. Entire Agreement. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and SAU with respect to SAU's websites.

Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.

E. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

F. Non-Waiver. The failure of SAU to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

G. Titles. The section titles are for convenience only and have no legal or contractual effect.

Indemnification. St. Ambrose University assumes no liability of any user with respect to his or her use of SAUNET. User agrees to indemnify and hold harmless St. Ambrose University, its trustees, officers, employees and agents from any and all claims, demands, actions, causes of action, suits, damages, liabilities and costs and expenses of every nature, including attorney's fees, relating to or arising out of the use of SAUNET. This indemnification shall include, but is not limited to, any and all claims or suits for which either party is alleged or found to have been wholly or partially negligent.